A Study On The Judge Promotion System In China

As the subject of trial activities,judges play an important role in maintaining judicial justice.The construction of the judge team is an important part of the judicial reform process.The purpose of the post system reform is to establish a professional,professional,high-level and high-quality judge team through the scientific management of the judge team,and optimize the allocation of judicial resources,so as to improve the trial quality and judicial authority.However,in practice,the effect of the reform of the staffing system has not achieved the expected results,especially the incentive role of judges has not been fully brought into play,and there are serious problems such as the brain drain of judges,the weak sense of occupation,and the status quo of judges unable to meet the needs of The Times,especially the judges in the basic courts.The construction of the judge team needs the corresponding incentive mechanism.As an important aspect of the judge incentive mechanism,the judge promotion system not only has a direct incentive effect on the judge group,but also indirectly affects the judge’s income,reputation,status,rights and other factors.At present,the judge promotion system of our country mainly includes two kinds,one is the judge’s grade promotion,the other is the judge’s position promotion,these two kinds of promotion system run through the judge’s promotion from beginning to end,in the constant development and change is always connected with each other,affecting the judge’s promotion and the judge’s career development.Throughout outside the promotion of the judge system,both continental law system and Anglo-American law system,the promotion of the judge is mainly two aspects of rank promotion and promotion,the promotion system the biggest difference between the two law systems is that the continental law system is influenced by hierarchy,grade differences between different judge,judge promotion with close links to the treatment and rights of a judge,So the civil law countries of the judge to pursue the promotion of strong appetite,and common law countries,affected by the caste system is small,the court independence between the most judges from excellent lawyer team selection,equal and judge the position of the basic treatment were similar,so the judge pursuit of Anglo-American law system countries intend to smaller of promotion.Grassroots courts as the trial level setting,the largest number of court case-hearing level just judge the largest number of places,through the promotion of grass-roots court judge its part of the empirical investigation,especially for the grass-roots court level promotion and promotion the specific levels of two systems into conditions,promotion,promotion,promotion program to do specific aspects such as research,The collected empirical data are sorted out and analyzed to clarify the status quo of judge grade promotion system and job promotion system in China’s basic courts.Through the analysis of the status quo of the promotion of judges in the basic court,it is found that the construction of the judge promotion system in China has been relatively perfect,which has played a certain incentive role,but there are still some noteworthy problems:In the process of judge grade promotion,the judge grade promotion is influenced by many factors,such as the court level,the judge’s position and the length of service,etc.,the judge grade promotion tends to be concentrated,the grade arrangement lacks professional characteristics,and the promotion has the "ceiling" and the quota limit,etc.However,there are some problems in the promotion of judges,such as applying administrative management mode,having a serious administrative color,and the imperfect promotion step by step.There are many reasons for the existence of various problems of the judge promotion system in China,including the historical reasons formed by the development path of the judge’s career,the thought of planned economy and the thought of official standard.In the transitional period of judicial reform,there are also some reasons why the reform of the judge system is not perfect,such as the reform of the post system,the judge selection system,the judge lifetime responsibility system,the influence of the difference in promoting the reform of the judge system,etc.Also based on the judge’s career attraction,salary system and other aspects of the judge’s individual strategy selection;At present,the lack of relevant laws is also an important reason for the existence of various problems in the judge promotion system.Improvement of the system of judge promotion need to further improve the current level promotion judge system and promotion system construction,to the judges and the perfection of relevant laws,also need to further improve and promote for the system reform of the specific,also need the related set of form a complete set of perfect,such as the incentive system,security system,the judge judge assistant system,the judge exit system,etc.The hope can through the reform of the system of judge promotion release advantage to retain and attract talent,strengthen the judge’s career and taking,optimize the distribution of the court’s trial resources,improve the judicial credibility,to solve the current judicial reform in different professional role insufficiency,the professional quality of judges,severe loss of talents,the judge current situation cannot meet the needs of times development and other issues,To promote the better development of the basic courts,so as to adapt to the process of the Supreme Court carrying out the trial reform of the functional positioning of the four-level courts,and promote the realization of the goals of judicial reform.