On The Quota System Of Judges In China

The judicial reform has become an important entry for the modernization of our country’s governance system and the construction of the rule of law. As an indispensable part of the judicial reform, the judicial staff system is in line with the general law of judicial operation, which has an extremely positive effect on the judicial efficiency and the promotion of judicial justice. The quota system, on the one hand, requires the classification management of the court officials so as to distinguish between judges and other personnel,on the other hand,it claims for a strict selection of the amount of judges to ensure the overall quality of the judge team and improve the ability of handling the case, thus enhancing the professional level of judges. The implementation of the quota system is the "lead" for the elimination of the administration of judicial reform,guiding the revolutionary independence of the judicial reform, making the court officers sorted and managed, reaffirming the accountability system of judges and weakening the influences towards the independence of the trial imposed by the administrative system,increasing the judge troop of more standardization, specialization and professionalization.With the emergence of the quota system,the court will focus on the trial work, and the judicial trial can return as a core function, to highlight the core competencies of the court trial. However, with the implementation of the quota system, some drawbacks also gradually come out. For instance, subjects including the distinct differences in the standard for the selection of the judges of quota and the measurement of the ratio of quota, have been researched on all the times from various different angles, yet it still lacks a scientific and effective method to measure the proportion of the quota system. In the judicial practices, the judicial system of quota actually has some conflicts with the existing administrative system. Besides, owing to the quota system,oceans of people start to pursue the identity of being a judge, nonetheless, under the system of quota, the judge’s high pressure and heavy burden, together with the temporary shortage of assorted supporting system,have made the quota post a real "siege",triggering a trend of resignations in the court. During the process of implementing the quota system, some urgent issues are waited to be solved: how to scientifically and reasonably determine the number of judges? how to advance cautiously and explore the optimal program for the quota reform on the basis of the actual situation of the various regions as well as in the context of the "top-level design" released by the Supreme People’s Court, the optimal program of the quota system reform, how to complete the construction of the quota system of the judges in the course of judicial reform? Faced with numerous problems in the implementation of the quota system, adequate remedies should be chosen for the diseases. First and foremost, the standard of rightly selecting the judges of professional competence, practical experience and occupational ethics should be established and a sophisticated measurement of the case-weight-system should be completed to realize a reasonable allocation of the proportion of the judges. Simultaneously, through some institution innovations such as a rational design of the classification management system or the substitution of the judicial hierarchy system for the administrative hierarchy system, the relationship between the quota system and the administrative sequence of the courts can be expected to be clarified. Ultimately, a series of perfect supporting systems cover the following aspects like professional incentives, security, restraint and competition system to ensure the positive operation of the quota system of the judges.