A Study On Selecting Judges And Prosecutors From Lawyers

Legal professionals has remained one of the leading factors that affect the judicial reform.As an important way to broaden and diversify the selection,selecting the judges and prosecutors from lawyers,which has been called for years in the academic community,was finally established and implemented with the release of "Solution to public the selection of legislators,judges,prosecutors from lawyers and law experts".The selection of judges and prosecutors from lawyers has been seen as an important way to improve judicial capacity and achieve judicial justice.However,it is snubbed by the recipients-the excellent lawyers,when it was finally established.The reality of talent outflow,a conclusion reached from my questionnaire survey and also publicized by the authority,shows that the judges and prosecutors selection was not warmly embraced by excellent lawyers.So,it’s necessary to reflect and focus on the reality which influences the development of judicial system.Then I analyzed and compared the root reasons for which talents drained from the judicial system.And based on this,I discussed the specific causes why excellent lawyers are reluctant to participate in the selection and its potential influences.Finally,I came up with several solutions by comparing the judicial system with those of the developed nations(regions),hoping it will be of some help to related researches.The solutions include the following respects: First,appropriately transferring the concept of selecting lawyers and learn from developed countries.Second,improving the salary to increase the attractiveness for outstanding lawyers.Third,implementing the staff system and other long-term mechanisms to prevent the selection of lawyers from being a shortcut to be civil servants,so as to ensure that the selected lawyers being committed to their duties.In general,the content includes the following five parts:The first part is mainly about the the process of the release of this system and the questions that may confront the system.In the second part,I put forward the core question "why excellent lawyers do not want to participate in the selection",based on the fact gained from research and analysis,that legal professionals as a whole,including lawyers,seems indifferent to the selection system.In the third part,I studied the deep causes of the fact and its influence.In terms of the specific reason why excellent judges and prosecutors quit their jobs,I analyzed the the difficulties confronting professionals,like,working condition,income and career prospect,working environment and so forth.And based on this,I furthered study on the influence of the reluctance of excellent lawyers to be involved in the judges and prosecutors selection and.the followed result of lacking interaction.In the forth part,I compared and studied the selection system differences in Anglo-American law system,continental law system adopted by countries like Britain,the United States,Germany,and that in China’s Taiwan and other countries and regions,hoping to provide a reference for our selection system.In the final part,I think it over again the solutions of the questions appeared in the beginning of this paper: how to make the selection system more attractive to excellent lawyers,how to encourage them participate in and make sure they are willing to stay.Based on the foreign selection system study,I put forward solutions in the following respects: selection concept,the precise for selection,income and system guarantee,hoping to provide reference for related researches.