Reform And Improvement Of Court Clerk System

In recent years,China’s judicial system has been deepening reform.One of the reform goals is to build a professional,professional,elite and high-level judicial team.The reform of the post system of judges and the classified management of court personnel are the focus of this judicial reform.As the judicial staff of the court,the clerk is an indispensable part of the court staff.The reform of the judicial system is inseparable from the reform and development of the clerk system.However,compared with the deepening of the reform of the litigation system and the continuous improvement of the judge system,the development of the secretary system has been slow,the problems have been derived,and the role of the Secretary has not been fully played.This is bound to affect the process of judicial system reform.At present,both the theoretical circle and the judicial practice circle reflect that the research on the Secretary System of our country is not deep enough.There are no systematic research results in the theoretical field,only some old data.But in practice,the judicial reform in recent years mainly includes the reform of the system of law officials,the reform of judge assistant system and the reform of jury system.At the same time,there are few legal provisions on the clerk system,mainly judicial documents issued by the Supreme People’s court.From the perspective of procedural law or procedural law,there is little research on the clerk system.Starting from the litigation system,this paper analyzes the necessity of the existence of clerks.In the process of litigation,the clerk is responsible for the court record and assisting the judge to deal with the litigation affairs.The relationship between the clerk and the judge is the division of responsibilities and mutual cooperation,not the supporting role of the judge assistant.In addition to recording litigation activities and fixing litigation process,they also have the responsibility of supervising and witnessing judicial activities.The litigation status of the clerk is statutory,independent and professional,which is not dispensable.This article is mainly composed of five parts.The first part starts with the basic theory of the clerk system and studies the clerk’s role in civil litigation.Analyze the nature,role,and function of the clerk’s due state,and analyze the importance of the clerk’s work.The second part introduces the development status from the ancient clerical system to the modern clerk system,forming a complete timeline,and exploring the clerk reform model from the pilot reform of the clerk system.The third part,through the introduction of the first two parts,analyzes the problems existing in our country’s clerk system.The fourth part is to learn from the merits of some national clerk systems in the civil law system and the Anglo-American law system.In the fifth part,the reform and improvement measures are put forward in view of the current situation and shortcomings of my country’s clerk system.