The Research On The Chinese Judge's Assistant System

The law clerk, who is the clerk to the justice, is the assistant for the work of supplementary property in judicial activities. Their aim is to make the judges decide cases absorbedly and efficiently. The law clerks system is that courts at various levels establish a series of the system of administration that specificly standardize the system of choosing and appointing, the division of responsibilities, and rewards and punishment of the law clerks. The China's law clerks system was mentioned in 1999 when the Supreme People's Court formulated an outline of the five-year reform of people's courts. The Article 33 says,"the Supreme People's Court would begin to carry out experimental reform that judges could have law clerks or cancel assistant judges so as to gain practical experience."The Supreme People's Court issued opinions on strengthening the professional construction of the ranks of judges on July 18, 2002. And the China's law clerks system was starting to put into practice on a trial basis in courts throughout the country in the opinions. On February 21, 2003, the Supreme People's Court formally decided to conduct the experimental work and pointed out it was a very important step for constructing the ranks of judges to establish the China's law clerks system, which makes the law clerks undertake the supplementary work. The Supreme People's Court also claimed to further define the responsibilities and conditions of law clerks and carried out the principle in combination with the practical experience and the new policy. The China's law clerks system plays a stimulative part in relieving all kinds of pressures and contradictions of judicial work by grass-roots courts and obtaining higher efficiency, while it is still in its polit stage, so it does not clearly clarifies and standardizes the responsibilities and conditions of law clerks, and it needs to further explore and consummate. Now, both judicial system of decision making and our theorists, or the practical field have already reached consensus in the law clerk systerm. As a substantive measure of establishing more professional judges, the law clerks system in fact offers a turning point for judicial reform that it is not simply separating workers but involved in reforming judge systerm and innovating the judicial management system. So the success in the system is a key to breaking through judicial reform in people's courts.This passage covers the background and the current situation of the China's law clerks system, the efficiency of founding the system, the problem with creating the system fully, and the presumption of establishment and consummation.