Evaluation And Improvement Of Judges' Quota System Reform In China

With the development of society and the improvement of people's legal consciousness,the shortcomings in the judicial field have become increasingly prominent.The old judicial system has been unable to meet the people's growing judicial needs under the new situation,and the reform of the judicial system has become an urgent problem.The Third Plenary Session of the Eighteenth Central Committee of the Communist Party of China made a comprehensive plan to deepen the reform of the judicial system,and the curtain of the judicial reform was officially opened.Judge post system is an important part of this judicial system reform.The goal of the reform is to concentrate outstanding legal personnel on the front line of handling cases,improve the overall quality of the judges,build a regular,special,and professional team of judges,and make the courts form a pattern of "judge-centered,trial-centered",enhance the credibility of the judiciary,and establish judicial authority.The effectiveness of its reform is related to the smooth implementation of other relevant systems,which is related to the overall reform of the judicial system and has important strategic significance.At present,the judge post system has been fully implemented in courts all over the country.Starting from the actual situation in various places and on the basis of not deviating from the top-level design of the central government,the pilot courts have actively explored the reform path,touched the stones and crossed the river,2accumulated a number of valuable experience,and achieved good results in the reform,and provided experience and reference for deepening the reform of the post system of judges,but also presented some problems that need to be further improved and improved.This thesis is divided into four parts.The first part: the general situation of judge post system in China.On the basis of retrospecting the historical evolution of the system of judges' posts in China,this paper defines the meaning of the system of judges' posts;secondly,it analyzes the reasons for carrying out the reform of the system of judges' posts from two aspects:the lack of professionalism in the composition of judges and the administration of the court management mode;finally,it expounds the significance of carrying out the reform of the system of judges' posts,including improving the quality of judges,building a regular,professional and professional team of judges,helping to improve the quality and efficiency of trial cases.It is conducive to improving the quality and efficiency of the trial of cases,promoting judicial justice,removing the administrative management of judges,and guaranteeing judicial independence.The second part: the summary of the implementation of judge post system in China.Firstly,it explains the supporting system of implementing the post system of judges,including the system of selecting judges and the system of classified administration of judicial personnel.Secondly,it summarizes the practice of the courts in Shanghai,Guangdong and Hainan during the reform of the post system.The third part: post-evaluation of the reform of the judge post system in our country.On the one hand,the results of the reform of the system of judges' posts were summarized from three aspects: the optimization of the personnel structure of the court;the improvement of the management model of the court;and the improvement of the trial quality and effect of cases.On the other hand,while achieving results,the reform process also showed a lot of questions requiring further improvement,including: in the selection and appointment of judges,it is difficult to determine the proportion of judges and the standard of admission is not standard,etc.;the judicial management mechanism,such as the insufficient professional security of judges and the withdrawal system of judges' examination,needs to be improved.In terms of thesystem of judicial auxiliary personnel,there are problems such as insufficient allocation of auxiliary personnel,unclear scope of duties,and imperfect occupational security mechanism.The fourth part: suggestions for further improving the judge post system in China.According to the implementation of the courts around the country,based on the problems in the process of reform,this paper discusses the way out to further improve the reform of the system of judges' posts in China.Firstly,we should optimize the mode of selecting and appointing judges,including the rational determination of the proportion of judges,the unification of standards and procedures for the admission of judges;secondly,we should improve the management mechanism of judges,including the improvement of the professional security system of judges,the establishment of a normal assessment and withdrawal mechanism of judges;finally,the related system of judicial assistants should be improved from the aspects of detailed division of labor,scientific determination of personnel proportion,improvement of treatment and improvement of promotion mechanism.