Research On The Judge Assistant System

Since the party’s 18 th National Congress,the main framework of China’s judicial reform has been basically established.The report of the 19 th CPC National Congress further pointed out: "Deepen the comprehensive reform of the judicial liability system and fully implement the judicial responsibility system." Among them,the reform of the judicial assistance personnel system is an important part of the reform of the judicial system,and the effectiveness of its reforms has a bearing on the effectiveness of the overall judicial reform.To this end,the “Outline for the Fourth Five-Year Reform of the People’s Court” promulgated by the Supreme People’s Court clearly stated that “the classification management of personnel should be promoted and the effective management of trial support personnel should be achieved”.The duties of the trial assistants are mainly to assist the judges.The types of judges mainly include judge assistants(preparation,appointment,and internship),clerk,and judicial police.The focus of the author’s research is one of the judge’s assistants.For this reason,this article starts with the practice of the reform of the judge assistant system at the local level.It uses Z courts(intermediary people’s courts),G courts(primary people’s courts),and W courts(primary people’s courts)of C city as the sample for the survey.Collected and summarized relevant measures or experiences in the reform of the assistant system for the judges of the sample courts,and prepared three categories of judge assistants: judge assistants,appointment judge assistants,and intern judge assistants in the exercise of duties,assessment mechanisms,career advancement,business training,and salary treatment.In many aspects such as comparative analysis,analysis of its outstanding problems,the evaluation of the effectiveness of the judge assistant system to make an objective and impartial evaluation,and finally on this basis to further improve the path of the judge assistant system.In addition to the introduction and conclusions,the text of the paper is divided into five chapters.The first chapter mainly expounds the background of the reform of the judge assistant system,the connotation of the judge’s assistant and the distinction of its types.Chapter 2 systematically summarizes and administers the implementation of the judge assistance system for the three sample courts of Z Court,G Court,and W Court.It is divided into the pattern of matching of judges and judges’ assistants,the scope of duties,promotion of positions,exchange of communications,and training.The four levels of assessment;at the same time,the article is based on the operation of the Z Court,G Court,and the Judges Assistant System of the Court,and thoroughly analyzes the problems existing in the judicial practice of the Judge Assistant System.In order to dig deeper into issues and emphasize typed distinctions,the author discusses the commonality and individuality of the questions: on the one hand,it elaborates on the commonness of the problems of the three types of judges’ assistants;on the other hand,it specifically discusses the different types of judges’ assistants.The existing problems highlight the particularities of the issues of the preparation of judge assistants,appointment of judge assistants,and intern judge assistants.The third chapter further analyzes and analyzes the multiple data obtained from the sample court survey from the three dimensional dimensions of benefit evaluation principles,benefit evaluation indicators,and type comparison of judge assistants.It objectively and impartially evaluates the actual operation after the reform of the judge assistant system.Whether or not the judge effectively concludes the referee case in the process is truly beneficial and has practical results.The fourth chapter learns from the United States,Germany,Japan,and Taiwan,China,the judge assistant system management standards,to provide a model or experience for the full implementation of the reform of the judge assistant system in China.The fifth chapter proposes ways or measures to further improve the system of judges’ assistants.It mainly proposes from the following four perspectives: first,to accurately define the role of judge assistants;second,to scientifically allocate the ratio of judges’ assistants;and third,to improve the legal system guarantee for judges’ assistants.The fourth is to construct the type-agency mechanism for judges.