Research On Perfecting The System Of Judicial Assiatant In China

The reform of the judicial staffing system is the key link of the new round of judicial reform in China,and the system of judicial assistant is an important starting point to realize the reform of the classification of court personnel and the professionalization of judges,which plays a key role in promoting the pace of judicial reform.A judicial assistant,in short,is an assistant to a judge,whose function is to work with the court clerk to complete the ancillary work of the trial under the direction of the judge.Judicial assistants,under the guidance and supervision of judges,engage in supplementary work in trials,mainly in legal research,drafting of legal documents and other supplementary work.Judicial assistants have diverted judges’ procedural work,so that judges can devote more energy to the trial of cases,promote judicial justice and improve judicial efficiency.Our country has carried on the pilot to the judge assistant system for many years,has also accumulated certain reform experience in the practice exploration.At the same time,we should also see that the judicial assistant system has not been carried out smoothly in the pilot courts in various regions,the main reason is that the system is not sound.The United States is the birthplace of the judicial assistant system,which has been used in judicial practice by many countries.In China,the judicial assistant system has gone through several different stages of development,and there are problems to be completed and solved in each stage.The most important problem at this stage is that the judicial assistant system cannot be followed in judicial practice,which leads to the slow progress of the system.In addition,due to the imperfect legal system and the lack of coercive force and operability of the judicial assistant system,the pilot work and reform of various courts are not only difficult to synchronize,but also difficult to achieve practical effects.At present,the judicial assistant system is in the critical stage of the in-depth development of judicial reform,and it is an important node of the reform of the classified management of court personnel and the judicial staffing system.According to our country’s basic national conditions,through comparing with foreign judges assistant system research,from the perfect legal framework,to define the scope of responsibility,improve the diversity of employment mechanism,optimizing the configuration mode and improve the supporting measures were analyzed,and the positive and powerful driving around the judge assistant system in China in the wide application of the grass-roots court.