Thesis On The Reform Of Judge-choosing System

This article is for reference on the reform of judge-choosing system(hereinafter called as ' the reform') in China. The social development put on new request on the quality of the judges in our country. To improve the quality of the judges, the key is to establish an advanced judge-choosing system. Since the implement of the The Law of Judge of P. R. China , the judge choosing task become more and more standardized. The Five Year Reform Plan on People's Court put some further request on some aspects on judge choosing works. In spite of this, for a long-time, no law can be followed up before, and after the law has been established, for some defection on system establishing as well as the deviation in execution, there is some abuse on the existing judge choosing system .Because of this, the author adopt the way of comparison research, from the judge's qualification condition, examination and training before take the position to choosing grade by grade ,etc…, comparing our country 's system with the U.S. which take the General Law System as well as Germany which take the Continental Law System, find that the main shortage on our judge choosing system is : the requirement of qualification condition is too low, the examination before taking position is not scientific and perfect, lack of training before taking office, the choice of judge not grade by grade, procedure of choosing the judge unreasonable. The author point out, the forming of the law in one country is closely related with the country's political and democratic history and culture background. It is why the country which take the General Law System and the Continental Law System adopts strict judge choosing system, and our country's standard is rather low. The author think the aim of comparison research is to find the other's advantage and disadvantage of our own, then to take other's advantage to compensate ours. In this course, dialectically treat the carrying forward own tradition and reasonably adopting other's experience. We should not take the excuse of own tradition and law system's particular and refuse to adopt the reasonable part of other law system, at the same time we object to taking the other's system entirely only because such system is effective in foreign countries. In one word, we should carry forward the good part in existing system and adopt the reasonable part in other countries' system. The author believe, the whole aim of ' the reform' in China , is to meet the development of society, to improve the judge's quality , to make the judge professional and specialization. The real aim is to let the judge choosing under this system can be qualified to his position. The properties of the judge include five aspects: good in both politics and human character; familiar with nomology knowledge, have the ability to handle the complicated juristic matter and trouble with suitable law and regulation, experienced in social life, good at oral speech and composition. Based on this, I make the proposal on 'the reform': strictly execute The Law of Judge of P. R. China, choose the judge strictly ; properly enhance the condition of take the position of a judge ; establish the general check system before a judge take his position; set up the special training system before a judge take his position; found scientific grade by grade judge choosing system; form a scientific public examining system ; establish scientific judge choosing organization and procedure.The author think, the wash-out system of the unqualified judge is the bottle-neck of ' the reform'. So , to meet the demand of social development, it is necessary to strictly liquidate ,re-choose the existing judges ,to pave the way for ' the reform': It is necessary to strictly execute The Law of Judge of P. R. China and relevant regulations, punish the judges who break the law and regulations seriously, liquidate the judges who are not qualified both in political properties and personal characters. To examine the judge according to the indispensable operatio...