Research On The Construction Of The Judges Team Of The Han Chinese In The Minority Areas

Bilingual judges,as a special member of the special team of rule of law in China,have made important contributions to the vigorous development of rule of law in ethnic minority areas.Taking Xilingol League as an example,this paper studies the construction of bilingual judges in minority areas in four parts.The first chapter is an introduction to the overview of the construction of bilingual judges in ethnic areas.First of all,the concept of "bilingual litigation" and"bilingual judge" is defined around "bilingual";then it is analyzed from four aspects:the basic demands of judicial justice,the legitimacy of minority rights,the protection and development of national culture and the general practices of the international community The value of the bilingual judge system lies in,and then combined with reality,to further illustrate the practical needs of bilingual judge team building.Secondly,based on the two levels of the central and local governments,we will discuss the legal and policy basis for supporting the construction of bilingual judges.Finally,it analyzes the staged progress of the construction of bilingual judges in ethnic areas.The second chapter mainly introduces the current situation of the construction of the bilingual judge team in Xilingol League.The first section takes the Inner Mongolia Autonomous Region as the background.It points out that the number of bilingual judges in the autonomous region is short,but overall,the distribution of bilingual judges is basically consistent with the concentration of the Mongolian people in the region.The second section focuses on the Xilingol League and discusses the development achievements of bilingual judges.In August 2019,the national Mongolian-Chinese bilingual judge training class was selected for the first time to be held in the League(city),which is the greatest affirmation of the achievements of the bilingual litigation work and the construction of the judge team in Xilingul League in recent years.The Xilingol League Intermediate People's Court also actively carried out practical exploration,and successively issued documents to guide the standardization of the bilingual judge team.The third section focuses on the special experience of Zhenglanqi People's Court,that is,the bilingual Judge Tour conducted by bilingual judges.The third chapter is about the problems and causes of the construction of the bilingual judge team in Xilingol League.First of all,there are few bilingual judges,coupled with high recruitment standards,and the number of cases involving the public has increased.The overload of bilingual judges' handling of cases has led to high work pressure and complaints.Then,due to low income and other factors,brain drain has occurred,and gradually fell into "less people-pressure-lost-fewer people" vicious circle cycle.Secondly,in terms of teacher teaching,what is really lacking is a bilingual judge with rich trial experience and strong practicality who serves as a training teacher,while a large number of college scholars serve as training,which leads to the problem that the curriculum setting is more theoretical and the update speed is slow.Finally,at the level of safeguarding litigation work,bilingual judges and clerks act as translators with insufficient neutrality;the reference books and legal translations of case judgments are lagging behind;the evaluation criteria for bilingual judges'special labor are unscientific.Chapter four discusses the countermeasures to strengthen the construction of bilingual judge team in ethnic areas.First,it is suggested to improve the training system of bilingual judges from the perspectives of batch training in colleges and universities,innovation of characteristic training mechanism and guarantee of bilingual judge training funds.Second,it is suggested to reform the recruitment system of bilingual judges by increasing the passing rate of the legal examination,changing the civil service examination policy,and signing employment contracts to extend the working life of bilingual judges.Thirdly,it is suggested that three measures should be taken to ensure the training system of bilingual judges by improving the post-service training system,carrying out special training reasonably and strengthening the use of special training funds.Fourthly,it is suggested to strengthen the supporting measures of bilingual judges by ensuring the reference tools of bilingual litigation,unifying the format of bilingual litigation,and reestablishing or restoring the translation agencies within the court.Fifthly,it is suggested to improve the guarantee mechanism of bilingual judges by ensuring the treatment of bilingual judges,reducing the occupational risk of judges,paying attention to the mental and physical health of judges,and strengthening the construction of bilingual judge guarantee standard.A brief summary of the conclusion.At present,although bilingual judges in our country are sparse and of low quality,and the team building needs to be strengthened and improved,bilingual judges,as a special member of our country's special rule of law team,have made a commendable contribution to the vigorous development of rule of law in ethnic areas The relevant departments should actively implement the construction of the bilingual judge team to ensure the high-quality development of the bilingual judge team.