Review And Reflection On Education & Training Against Judge In Our Country

Judges belong to the special group that execute the jurisdiction in behalf of the state, uphold social harmony and stability, and safeguard social fairness and justice. Because of importance of judge's occupation, education &training against Judge is closely connected to their quality, has widely received attention increasingly, including our country. because that, in our country the selection system against judge doesn't be established for a long time, having led quality of judge group to be in low level, while the education institutions for them have been focusing on education with record of formal schooling and education of knowledge by means of making up for lessons for a long time., providing opportunity to learn to the judge who hasn't been obtained the systemic and professional training or regular higher education in law, quality of judge has been greatly improved, and education &training against judge have been achieved great success. With social progress, expanding economy and diversification of right claim the group of judges in judicial capacity is harder to meet the growing needs of people in justice. Therefore, it is very important to carry on this research against education &training of judge in our country. The author tries to do a review and a reflection on the process of education &training against judge in our country, and is based on drawing lessons from the successful experiences of other countries, proceeding from national conditions in China to raise and complete the path conceive of education & training against judge in our country, aimed to further strengthen judge in cultivating judicial capacity and improving the skills of justice to make a contribution for speeding up construction of China judiciary and the proceeding of the rule of law.This thesis is started from the relation between the selection and training against judge to analyze the achievements which have been obtained and the problems existing, and put forward a conceive for further completing education & training of judge in our country against the above troubles. This thesis is divided into five parts.The first part is the selection and training against judge. Firstly the selection systems of judge in the other countries such as the Civil Law System and Anglo-American Legal System, etc are introduced including the way of selection, process of the selection, the appointment and the promotion as a judge. Secondly the status of judge's the selection in China is introduced. In our country we didn't set the independent process for selecting a judge at first. But later, the unified judicial exam was set by the state to have the concrete and strict standards in nominating a judge. Whereafter, the relation between judge selection and judge training is introduced by the author. The conception of judge training differs from country to country along with their selection system. The judge training in the UK and US means only the on-going education and knowledge renew for the judges on benches; while the judge training means a lot more to Civil Law Countries, which includes the aforetold and how to make a laymen competent judge, i.e. before post training, mainly long-time systematic legal technology learning and practicing. And the judge training in our country has its own characteristics. The training means to educate incumbent judges, similar to the US or the UK, but the legal education in our country is a common kind of education usually without specific inclinations, thus takes some likeness with Civil Law countries, for example the Germany. So it's necessary for us to pay attention to required legal technology training while take the narrower version of the understanding for judge training.The second part is a review to education & training against judge in our country firstly review the situation in record of formal schooling and knowledge for court-team when our schooling of judge education was in the starting, at that time, the most judges did not been receipted the regular law education, and were poor as judges in cultural knowledge and professional knowledge, in that situation, the supreme court has been starting to undertake the education with record of formal schooling and knowledge education such as junior college and regular college course since 1985 and then the summary of education and training against our judges is introduced, early or late order successively performing three Five-year Plans, convoking 4 times of the national meetings on education & training, and planning and deploying the aims and the duties against the national education and training. And then, the main content and the way in education & training against judge are introduced, and are shown by the following three sides: Education with record of formal schooling and education with professional certificate, carrying on the talent cultivation with high level in legal profession based on application.The third party is the achievements obtained in education & training against our judges. 1. Our judges have been improved in the status of knowledge; 2. The teachers troop in training judge has been cultured; 3. A teaching material system of distinct characteristics, integrated the theories they learned in classes and practice has been formed; 4. The path of continuation education with The Chinese stuff against judge has been taken preliminary shape.The fourth part is a reflection on our education and training. Firstly the basic principle of development for our education and training against judge is introduced, i.e. go through the path from training in educational qualifications to training in ability, and to comprehensive quality improving. The main troubles existed in the work are done a reflection for reasons given above, 1. In the education & training against judge the function converting has lagged behind; 2. The education against judge is deleted in professional ethics; 3. The training system against probationary judge is weakened; 4. The training organizations are in absence; 5. The education organizations against master of law are identical with high level talented person cultivation.The fifth part is to complete the work in our education & training against judge, which is the core of this thesis. Based on the above, in this part a conceive on completing the work of our education and training against judge is put forward regarding the issues in our education and training. it is suggested to improve from the following four sides for the work in education and training: 1. The distributing system of our education and training in resources should be adjusted, and it should be leaned further to the front line judges who are serving in the grass-roots units such as primary and intermediate people courts, and be leaned to the skills training which the front line judges would be strengthened. 2. The organizations are in charge of our education and training against judge should be strengthened in construction. Firstly, the organizations are in charge of our education and training against the judges of the intermediate people courts should be strengthened in professional construction.Secondly, the national training system against judge should be established. 3. The content in education and training against our judges should be widened. Firstly, the on-the-job training should be strengthened; Secondly, the training of the jurisdiction etiquette against judge including intrinsic tutelage should be performed; thirdly, the training in knowledge background against judge should be expanded; fourth, the professional ethics training in law should be strengthened. 4. The education & training mode against judge should be innovated. Mainly is revolved by innovation in ability training as the following: viewing and emulating court hearing, case analyzing, instrument reviewing, web-based instruction, academic forum,theoretical research, exploratory and exchange.