| Judge assistant refers to judicial personnel who,under the guidance of judges,assist judges in legal research,drafting legal documents and other adjudicative work related to case preparation and case management.Based on the need of professional construction of judges,the system of assistant judges in our country has been practiced for more than ten years from pilot projects and exploring experience.With the advancement of the current judicial system reform and the completion of the post system reform,the assistant system of judges has once again become the focus.The trial courts have carried out various practices on the system of assistant judges from their own reality,and the assistant judges have formed a variety of production modes according to the time and place.This paper expounds the emergence and development of the judge assistant system,clarifies the value and significance of the existence of the judge assistant system in China,and affirms the feasibility of the development of the judge assistant system in China.At the same time,the addition of judge assistant has changed the traditional mode of trial team in our country.The confusion of the functions of judge and judge assistant,judge assistant and clerk has arisen in the new mode of trial.Therefore,by distinguishing the functions of the three,the functions of judge assistant in the trial team are accurately positioned.Judge assistant's function orientation has a guiding role in various ways of production.There is an interaction between the mode of production and the function orientation.The mode of production will affect the function of the judge assistant to a certain extent,but the mode of production ultimately needs to serve the function orientation in order to play its due role.Therefore,in the first chapter,the function orientation and production mode of the judge assistant are analyzed.In the second chapter,the author mainly introduces the way of producing judicial assistant system in foreign countries,and compares the ways of producing judicial assistant under the two legal systems,highlighting their respective advantages and disadvantages,so as to provide reference for the study of the way of producing judicial assistant in our country.The core of this paper is to investigate the ways of producing judge assistants in our country at present.Through different explorations of judge assistants formed in current practice,four types and eight ways of producing judge assistants are summarized,which are judges assistants in the civil service establishment,judges assistants in the employment system,judges assistants in the internship system and more special patrols of the Supreme People's Court.An assistant judge who returns to court.Each kind of judge assistant has its own unique background and special selection method.Through the detailed introduction of the judge assistant in the third chapter,we can get an accurate understanding of the diversified judge assistant at the present stage in our country.Although various types of judge assistants do not necessarily fit in with the original intention of the development of our country's judge assistant system accurately at present,based on the background of the transition period of reform,various ways of producing judge assistants have their rationality.Especially the judges who have not been quoted and the assistant judges who have been transferred by editors and clerks are the products of our country's conforming to the reform trend under the reform of judicial system.Therefore,it is necessary to affirm the diversity of judicial assistants at this stage.But at the same time,we also need to consider the long-term development of the judge assistant system,take the function orientation as the starting point of investigating the pluralistic judge assistant system,and try to find out the way that can effectively promote the stability of the judge assistant team and produce high-quality judge assistants,so as to provide a solid foundation for the good operation of the court trial team. |
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