| Clerks are an important part of the cadre team of the people’s court,and are responsible for the preparation of the court,the announcement of court discipline,court records,file arrangement,etc.The court clerk’s pre-trial preparation and announcement of court discipline are indispensable links in the trial process,which ensure the integrity of the trial process and promote the realization of justice in the trial process.The court clerk’s court trial record is the premise and basis for the people’s court to judge the case.The court determines the facts of the case and all the judicial activities of the applicable law are recorded and reflected in the form of records.The filing work of the court clerk is an important condition to determine whether a case can stand the test of history.All kinds of trial files produced,sorted and bound by the court clerk are mostly permanent or historical files that need to be preserved for a long time.These case files carry the function of recording the trial situation of the original case.They not only play an important role in summarizing the court’s own work and conducting the retrial of the case,but also have important reference value for the state to formulate laws and determine various policies.In judicial practice,due to the unclear definition of the duties of court clerks in the existing laws,especially the high degree of overlapping and confusion between the duties of court clerks and those of judgeclerk,the instability of the team of court clerks has hindered the sound development of the profession of court clerks.In the management of clerks,the court lacks a long-term unified plan for the management of clerks,and individual sequences cannot be implemented.Its management has been in a state of exploration.In the social evaluation of the clerk,the subsidiary nature of the clerk’s work is too obvious,and the job security is not in place,which makes the society lack the sense of identity and honor for the clerk’s job.These problems of the court clerk system restrict the trial work of the people’s court to a certain extent,seriously hinder the improvement of the efficiency of the court trial and hinder the process of the judicial reform of the court.Through the investigation and analysis of the typical national court clerk system in the "two legal systems" and drawing on the beneficial experience of the court clerk systems of other countries,this paper summarizes the current situation of our country’s court clerk system.We should focus on improving our country’s court clerk system from the following aspects.First,we should clearly define the duty orientation of the people’s court clerk,especially clarify the working duty relationship between the court clerk and judgeclerk.Second,in terms of system management,we should improve the training and assessment mechanism for clerks of people’s courts,introduce the qualification certification system for clerks,and establish a separate sequence for clerks.Third,in terms of job security,the position of the people’s court clerk profession should be promoted,the communication between the court clerk and the society should be strengthened,and the public’s identification with the court clerk profession should be enhanced.Perfecting the working system of court clerks and strengthening the standardized management of court clerks are not only of great value for the people’s courts to administer justice fairly,improve trial efficiency and judicial credibility,but also of great practical significance for deepening judicial reform and promoting the construction of a China ruled by law. |
