Research On The Reform Of Judge Assistant System In China

Judge assistant system originated in the United States at the end of the 19 th century,which aims to help judges share the burden of trial affairs and focus on the core work of case trial,so as to improve the efficiency and quality of work of the trial team.Since the end of the last century,judge assistant system has been put on the agenda as a part of the reform in all the judicial reforms related to the exercise of judicial power.However,due to the dependency of judge assistant system,the importance of the reform has been reduced,which has not achieved the desired effect.However,the difference between the assistant judge and the former one is that it is carried out as a supporting measure of the system of the specified number of judge under the comprehensive deepening of the reform of the judicial system.At present,the effect of the reform of judge assistant system in our country has not reached the ideal state.The management system of judge assistant still lags behind.There are some problems such as unclear professional orientation,single source,confusion of allocation mode,imperfect evaluation and guarantee mechanism,etc.Based on this,this paper studies the reform of China’s judge assistant system with litigation effectiveness as the main logic.Through the summary of the experience of each pilot court and the reference of the beneficial experience of the American judge assistant system in improving litigation efficiency,it provides reasonable suggestions for the improvement of China’s judge assistant system.Through the research on the reform practice of judge assistant system in China,this paper summarizes the connotation,development process,characteristics and necessity of the reform,as well as the practical operation effect under the goal of improving the litigation efficiency.Under the requirements of the theory of litigation efficiency on the judge assistant system,this paper analyzes the practical difficulties and reasons of the judge assistant in the aspects of positioning,source,configuration mode,evaluation and guarantee mechanism,etc.Through the study of the development process of judge assistant system in the United States,especially the beneficial measures to improve the efficiency of litigation,we can selectively draw lessons from the objective situation of our judicial system.In the end,it is proposed that we should make clear the position of judge assistant,broaden the source channel,establish a scientific and reasonable allocation mode,optimize the assessment and guarantee mechanism so as to constantly improve the judge assistant system in China,so as to ensure the stability of the judicial assistant personnel,ensure that the judges can specialize in the trial of cases,and achieve the goal of improving the litigation efficiency by realizing the reasonable allocation of judicial resources.