Research On The Management Of Assistant Judges In The Primary Court ——Taking The Primary Court In A City As A Sample

In the context of strengthening the professionalization of the judiciary,judges’ assistants were originally designed to allow judges to focus on the cases themselves rather than constantly working on complicated procedural tasks.The concept of "judge assistants" was first mentioned in the first five-year reform program of the Supreme People’s Court in1999,and the pilot program was launched nationwide afterward.It was extended to primary courts all over China in 2016.However,after the appointment of judges’ assistants in the primary courts,the management problems of judges’ assistants in the primary courts have been gradually exposed.Problems such as unclear role definition,serious staff attrition,uneven quality of staff,uneven remuneration,etc.,which not only affect the implementation of the judges’ assistants system,but also make the contradiction of "many cases but few judges" in judicial practice increased to a certain extent.This essay focuses on the current management situation of judges’ assistants in the primary court of city A.And try to provide practical and effective suggestions for the current administration of judges’ assistants in the primary courts of City A.This essay begins with a literature research approach from the perspective of human resource management in the public sector,using various resources to review and browse the literature on the management of court personnel classifications and the management of judges’ assistants,and to develop my own research.I also analyzed the connection and difference between the management of judges’ assistants and the management of other court personnel,distinguishing them in terms of relevant concepts and characteristics,so as to lay a good foundation for subsequent research.Then I used the survey research method and comparative research method to collect primary data and interview information from three representative primary courts.I compared the above data with the current situation of the management of judge assistants in the primary court of City A as a starting point to find out the problems in management.This is reflected in the following aspects:（a）the dual identity of judges’ assistants as administrative and judicial at the time of recruitment has led to their ambiguous positioning;（b）the boundaries between assistants’ duties and those of judges and clerks are unclear,and the grassroots courts have not made corresponding refinements,leading to duplication of work among the three;（c）although the personnel management department has assigned judges’ assistants to various departments,the Although the personnel management department has assigned judges’ assistants to various departments,the staffing cannot meet the needs of the daily work of the trial departments;（d）Although the judges’ assistants have been provided with corresponding training,the training is not well-targeted or formal;（e）Although the assessment and guarantee mechanism has been established,it has not been improved or iteratively updated at the beginning of the establishment of the relevant mechanism,resulting in a mismatch with the current situation of judges’ assistants’ management.I also focused on several reasons for the above problems: 1)the positioning of judge assistants is not clear at the institutional level;2)the primary court has the idea of emphasizing case handling rather than training;3)the management process deviated from the original design;4)the delay in the construction of supporting evaluation and guarantee mechanisms.I combine the relevant theories acquired during the master’s study phase and make the following suggestions: improving the way of selecting and appointing judges’ assistants,clarifying the role status of judges’ assistants,adjusting the mode of handling cases and staffing,improving the mechanism of training and capacity development of judges’ assistants,and improving the evaluation,guarantee and withdrawal mechanism of judges’ assistants.Therefore,the writer offers specific suggestions to ensure that the management of judges’ assistants in primary courts is put into practice.