Research On The Reform Of The Judge Post System In China

With the reform of the judicial system as the core of a new round of judicial reform,the judges are more and more widely concerned by the community.The judge post system as the court personnel system reform is an important content in the current judicial reform.As it is a very important reform in the new reform of the judicial system,the Supreme People 's Court re-proposing to make the reform of the court personnel management.And the staff reform will be placed in the prominent position of the " The Fourth Five Year Reform of the People 's Court ".However,since 2002,China has proposed the establishment of the post of judges has been 15 years,the current staff reform process is not very smooth.There are still many challenges.Writing this paper,in order to meet the challenges brought by the reform of our country's post of judges and to promote the reform process.This paper can be divided into four parts.In the first part,it introduces the background and necessity of the reform of the Chinese judge post system.Then it gives a brief description of the achievements and profiles of the reform of the judge post system in China.In the second part,with the new round of judicial reform and the implementation of the current reform of the current staff system,the judicial responsibility system and the centralism judgment to the reform of the Chinese judge post and the urgent request of the construction of the high-quality judges.The paper analyzes the challenges brought by the filing system.Then it pointed out that the reform of the judge post system in China is mainly faced with the following four challenges: firstly,the proportion of the staff is difficult to make an appropriate standard;secondly,filing system which is being implemented makes the court's case increase rapidly;thirdly,it is telling about the problem of how to allocate the court's internal benefits;fourth,it is telling about the problem of China's judges professional status and security system.In the third part,using the comparative research method to compare the foreign judges' system with the present situation of the judge system in our country.And drawing lessons from the advanced experience of the foreign staffing system from the aspects of the selection criteria of the judges,the allocation of the judicial support personnel,the occupational protection and status of the judges.In the last part,to promote the establishment of the post of judges in an orderly manner,four suggestions are put forward for how to deal with the challenges faced by the reform of the Chinese judge post.Firstly,for the establishment of the appropriate proportion of judges,we should base ourselves on the development of China's regional differences The second method is to improve the quality of the case through the improvement of multiple dispute resolution mechanism and to push forward the construction of judicial support personnel.Through this method,we can reduce the pressure on the judge and improve the quality of the case trial.Besides,this method can ease the contradiction between the number of cases and the reduction of the number of judges.Thirdly,it is necessary to alleviate the conflict of interest within the court through the improvement of the legal norms that are connected with the reform.And it is indispensable to establish the system of judicial diversion to strengthen the rational distribution and clarification of the interests of the court.Finally,with the starting point of the judges 'group,it is pointed out that the promotion of the reform of the judge post system in China requires the mobilization of judges' enthusiasm,which requires the improvement of the judges' occupational protection and theimplementation of the judges' hierarchy.Judges are the main body of judicial activities.As an important part of the judicial system reform,the fundamental purpose of the reform of the judge post system in China is to keep the judges in the first line of the trial.The success or failure of the reform is of great significance to the construction of the judges' professionalization.Under the tide of judicial reform,it is helpful to study the challenges faced by the reform of the Chinese judge post system and to put forward corresponding suggestions,which will help the professional construction of our judges to be promoted and speed up the rule of law,especially under the background of orderly advancement of the judge post system.However,it is clear that the reform of the Chinese judge post system is a step-by-step process that can not be implemented separately and must be together with the supporting measures,otherwise it will suffer resistance.