Research On The Judge Assistant System Of The Basic Court Under The Background Of The Post System

The judge assistant system have a great significance to the exercise of judges’ jurisdiction according to law and to the promotion of judicial fairness and justice.Since the18 th National Congress,China has accelerated the reform of the judicial system,and the Fourth Plenary Session of the 18 th Central Committee also specifically referred to "promoting the reform of the litigation system centered on trial".In 2015,the Supreme People’s Court promulgated the Fourth Five-Year Reform Outline of the People’s Court(2014-2018),which specifically provided for the promotion of the reform of court personnel classified management and the establishment of the system of judge posts.The judge assistant system is regarded as an important supporting measure of the post system reform.With the proposal of the post system reform,it has gradually become one of the key contents of the current round of judicial reform.Since the late 1990 s,the judge assistant system was first put forward,and its advancement mainly revolves around the grass-roots courts.Grass-roots courts account for more than 80% of the whole court system in our country.On the one hand,the problems of grass-roots courts can reflect the problems of the whole court system in our country to a certain extent.On the other hand,the judge assistant system is mainly carried out in grass-roots courts during the "pilot exploration period" of reform,and grass-roots courts have rich practical experience.Therefore,in order to make the judge assistant system better cooperate with and support the reform of the judge post system,this paper takes the reform of the judge post system as the background,combines the existing reform experience,mainly from the reform status of the judge assistant system in the grass-roots courts as the starting point,through the analysis of the basic issues of the judge assistant’s duties,selection,allocation,assessment and professional security,and points out the judge assistant.There are five problems in the implementation of the system,such as confusion of duties with clerks,unscientific allocation of judges’ assistants,imperfect assessment mechanism,failure to establish accountability mechanism and inadequate occupational security.In view of the problems arising in the reform,this paper puts forward specific proposals on the basis of combining the actual situation of grass-roots courts and drawing lessons from relevant experience abroad.In order to provide useful help for the development and perfection of the assistant system of judges,it is necessary to divide the duties of assistant judges and clerks,establish a scientific allocation of assistant judges,improve the assessment mechanism,establish the accountability mechanism and increase the strength of professional security.