Problems And Improvement Of The Judicial Examination System In China

The judicial examination system is the access system of legal professional,also it is a fundamental system that guarantee judicial justice. The establishment and implementation of the national uniform judicial examination system contribute to increasing the overall quality of the legal profession group, promoting the formation of the legal professional community. Although the implementation of unified judicial examination system obtains consistent praise, but due to the problems exposed on system implementation, the debate on system design have never been stopped. This paper aims at the existing problems of judicial examination system, analyzing the causes, comparing the related system of the United States and Japan, then presenting some views.The first part analyses the problems existed in current judicial examination system in our country, mainly including three aspects:contradiction on the legal profession, contradiction on status quo of the western region and contradiction on law education.The contradiction between judicial examination system and the legal profession mainly embody that the uniform judicial examination leads to a reverse flow of law talents from law-officer to lawyer profession, aggravating the deficiency of law-officer in basic-level. The disconnection between judicial selection system and judicial examination system go against law talents into the team. The contradiction between judicial examination system and the current condition of the western mainly embody the lower pass rate and the drop points policy do not essentially resolves the shortage situation of the western law talent and the rising "small judicial examination " greatly destroy the authority of judicial examination. The contradiction between judicial examination and law education mainly embody the conflict that the training goal of legal education and investigate requirements of judicial examination system, students are engaged in various judicial training classes and ignore the foundation education of law.The second part of the article analyses the causes of the problems discussed above, in my opinions, causes of these problems including three factors:historical problems were ignored, objective existence of regional differences and examination contents as well as the unreasonable design. The neglect of problems left over by history were refered to the unified judicial examination system by judges, prosecutors, increased difficulties of qualification examination, judicial selection and the incomplete system lead to the judiciary in the overall quality is not high, thus the judicial examination pass rate is low. The objectively existence of regional differences refer to unbalanced development in our country, there is great difference in law education level between western region and the developed eastern region and lack of law talent training. Examination contents and the unreasonable design refers to disposable judicial examination greatly increases the chanciness of pass the exam and speculative and partial knowledge memory contents, deficiency investigation of legal thinking.In the third part of this article, at the comparative study of American and Japanese judicial examination system and come the inspirationt to judicial system reform in our country. In America, legal profession carry out common law system, Judges and prosecutor are all at the starting point of lawyer,only lawyer vocational qualification examination be organized by each state, examinees are required the bachelor degree approved by american bar association. At the year of 2006,Japanese carried out reform in Judicial examination system that examinees are all required educational background of legal graduate school or passed the judicial prelim, all qualified personnel need accept advanced study and training in training class for one years and then they can own the law qualification.Although the United States and Japan own different historical tradition and cultural background but all extremely pay attention to the background of law education and legal practice training.The fourth part of this article putting forward some corresponding perfect suggestion from four aspects:the reform of the judicial examination qualifications, judicial examination contents and form of reform, the reform of the judicial examination mode and reform of the judicial examination system. Based on the successful experience of developed country, I present the following recommendations: First of all, it is necessary for our country judicial to make the qualification of judicial examination system limited to law education background; secondly, we should make the form of the examination from once to twice and also increase the proportion of subjective item to test the law thinking ability of the examine; thirdly, the registered residence restrictions of the current drop points and applicable scope should be cancelled, encouraging law talents to move from the east area to the west area; Fourthly, it is important to reform and improve the supporting system of judicial professional,including the job security system of the judge, the legal pre-service training system, the education system of the master of law.