Study On The China's Law Clerks System

Judge assistant, as its name implies, is an assistant of judges, who provides assistance services for judges to conduct the trial, prevents judges from being entangled in trivia, and helps judges concentrate on high-quality and efficient trial work. Judge assistant system is a system established in all levels of courts to specifically regulate the appointment, responsibility divisions, rewards and punishments of the judge assistant. In China, the judge assistant system was firstly proposed in the paper " The First Five-year Reform Outline of the People's Court" by the Supreme People's Court in 1999. The "Reform" points out in its article 33 that the Higher People's Court can carried out experimental reforms of judge assistant system and cancel the judge assistant system. July 18, 2002, the Supreme People's Court issued a "professional team judge on the strengthening of the construction of a number of views" and "opinions" put forward in the National Court judge assistant system on a trial basis. On February 21, 2003 the Supreme Court decision of a judge to carry out official work of the assistant pilot, and pointed out that "the establishment of a judge assistant system for assisting judges to assume the functions of a judge from the trial in stripping out of the business to provide assistance, is a professional team judge of the building An important step."Reform experiment requestes further clear the duties of the judge assistant and conditions," the old methods and old people to try out a new policy of combining ". The implementation of judge assistant system will absolutely relieve the stress and conflict of local people's court confronted in the work of trial and improve the work efficiency. However, there is a divergence on knowledge of the judge assistant and no uniform standard in the reform practice of all courts, for the reason that it is still in the initial starting and pilot phase of the judge assistant system in the judicial practice. Nowadays, there are two opinions in the field of theory and practice, one is jurisdiction theory and the other is no- jurisdiction theory. The jurisdiction theory is divided into full jurisdiction theory and sole mediation power theory. In the courts implementing the jurisdiction theory, the assistant judge is renamed the judge assistant directly or make those who failed in the professional judge election the judge assistants, where the judge assistant has the power to trial or mediation and sign his or her name on the reconciliation agreement. As for the no- jurisdiction theory, there are also two different opinions, one is that the judge has no right of trial or mediation and the other is that the judge assistant has the right to conduct mediation but no right to make the reconciliation agreement or sign his or her name on it. Two years passed, and every courts making the experiment point out their experience and problem in their practice.Today, it has formed a consensus on reform of the judge assistant system in all the fields of judicial decision-making, theory, and practice. As one of the substantial measures in judge professional construction process, judge assistant system provide a turning point for the whole judicatory reform. It is not only a single staff stratification, but also an important connection point of innovations of judge system and justice administration system. The establishment of judge assistant system will support the court clerk separate regulation system, and at meanwhile, conquer a solid foundation for the implementation of professional judge system with plenty supply of talented people. Therefore, the success of this system will inevitably act as an important"entrance"of breaking the bottlenecks in the justice reform of the people's court.This paper makes an analyse and research on the judge assistant system in our country mainly in three aspects, the histoty of the judge assistant system, the situation and analyse of the present development of judge assistant system in our country and advices to improve the judge assistant system in out country. It points out the common and difference in the development mode of judge assistant system between west countries and our country by comparing this system in other countries; make an analyse and research on the current judge assistant system development background, present situation and problems confronted in the system development process through adventruous exploration and test of test courts all over the country after the scientific proposition of professional judge system which was pointed out by the Supreme People's Court in 2002; give the writer's own advice and suggestion to improve judge assistant system in our country by primarily laying out the judge assistant's source, defination, responsibility, scheme, examination and supervision. Finally, it clearly concludes that the professional process of judge is the important symble of moden justice civilization and the basic character of modern nomocracy country. Therefore, basically speaking, to establish judge assistant system is to construct a peocession of high quality, distinguished and profissional judges, to ensure jurisdiction to be performed legally, independently,and justified, to improve the quality and efficiency of trial work, and to put the people's court's theme"justness and efficiency"into effect. Meanwhile, it also aims to improve judicatory ability construction of the people's courts and train and supply a plenty of excellent talented judge backup.