Analysis On China's Current Framework Of Judicial Examination System

Since the China's reform and opening up, especially the Chinese strategy of governing the country according to law and building a socialist country ruled by law was proposed by the fifteenth Party Conference, the role of law becomes more and more important in social life. However, the access conditions for the legal profession in "fragmentation" make legal professionals'specialization and overall quality in a low degree, and it restricts the process of national democracy and legal system severely. Therefore, the twenty-second session of the Ninth NPC Standing Committee examined and adopted the amendment of "Judges Law of People's Republic of China" and "Prosecutor Law of People's Republic of China" to provide an unified national judicial examination system for newly appointed judges, newly appointed prosecutor and people who want to obtained lawyer qualification. Immediately, Supreme People's Court, Supreme People's Procuratorate and the Ministry of Justice jointly issued a notice, which clearly pointed out that the tests aimed at appoiting new judges, new prosecutor and lawyer qualification examinations would not be held separately any longer. They were all be involved in the first national Judicial Examination in 2002.Since then, our Unified Judicial Examination System opened the curtain officially.From then to today, the system has been implemented for 10 years. With the construction of a socialist country ruled by law gradually going into depth, some of its settings are not well suited to the overall demand for our legal system and the problems revealed during the operation have caused widespread concerns and controversies among the legal theory and judicial practice departments:What kind of Judicial examination system our legal profession in the end, How to design every specific system in order to make it more scientific, How to reform the examination system to make it be coordinated with other related systems, etc. Standing at the point of improving the overall quality of legal professionals, this paper attempts to describe the structure of current Unified Judicial examination System, difine its advantages and disadvantages, and propose appropriate measures to reform and improve. Obove all, I hope this paper will be helpful for the judicial examination system in the exploration and the judicial reform in the bottleneck.The paper consists of four parts In addition to the preface and postscript, and the number of the total words is about 3 million.The first part:conspectus of judicial examination. This part consists of four sections. Firstly, the framework is defined from noun and verb and introduce the application of the words in the academic circles. Secondly, focusing on the legal professional qualification examination all over the world today, the second and the third sections summarize the basic nature and the basic model of judicial examination system. On the basis of the previous two sections, the fourth section describes the judical examination in the advanced legal countries, including civil law countries such as Germany, France, Korea, Japan and the common law countries such as the United Kingdom, United States.The second part:historical evolution of judicial examination. Firstly, this section discuss the motivation of the modern judicial examination system generating. Then, it explores the root of our legal professional qualification examination, summarizing the situation of judicial examination in five periods:the end of Qing Dynasty, the early of Republican, the Beiyang Government, Republic of China and the period from the founding of the Republic of China to 2002 respectively.The third part:framework of our current judicial examination system. This part adopt the method of qualitative analysis to investigate the framework of current judicial examination from the perspective of the term. Based on the relevant theories of other scholars, this section mainly redefines the nature, processes, values and objectives of the existing judicial examination system in order to set things right.The fourth part:the operating mechanism of our current judicial examination system. Based on our judicial examination's background and interpretation of the framework before, referencing advanced judicial examination experience, this section adopt the comparison method to distinguish the advantage and disadvantage of our current judicial examination system and proposed the corresponding measures to reformation and improvement. And the context consists of six areas about our current judicial examination system, such as:management, registration qualification, exam content, process, time and passing scores.