Research On Our Law Clerk Institution

The law clerk institution is the focus of the last round and this round of judicial reform,and it is an important part of the classification reform of judges and the reform of legal officials.As an important part of trial assistants,law clerk is related to the improvement of trial efficiency and the elite construction of judges.Nowadays,our country has formed a new type of trial team of "judge+law clerk+clerk".The law clerk played an important role in it.It was both the main source of the judge and the trial assistants who assumed a large number of auxiliary affairs.As early as 1999,ourcountry promoted the pilot of the law clerk in some regions,and accumulated a lot of experience in the exploration practice of various places.In the last round of judicial reforms,with the launch of the classification reform of judges,the reform of the law clerk institution began.Expand it.Although the law clerk institution in our country has been promoted for more than 20 years,the law clerk has really landed for a short time,and the relevant supporting system is not complete.The lack of comprehensive and systematic understanding of the law clerk has caused the focus of the reform in practice.It affects the enthusiasm of the law clerk work.First of all,the current courts of various local courts have inaccurate positioning of judges’ assistants.In practice,the law clerk is gradually managing.At the same time,due to the different understanding of the trial rights,it has also led to the problem of whether the assistant of the judge is a judge or the positioning of the judge.Essence Due to the inaccurate positioning of the role,it has caused difficulties in the performance of the law clerk.On the one hand,the law clerk has shared some responsibilities but did not share the corresponding permissions,making it lack of guarantee for their duties;on the other hand,the law clerk lacks its own judicial work.The model of the formula list+the bottom of the pocket "makes the responsibilities of the judge’s assistant and the staff and the clerk.In addition,the law clerk lacks a set of effective assessment and evaluation mechanisms,and it is difficult to play a positive incentive role to the law clerk.The specific performance is that the evaluation subject is not clear and the content of the assessment is not perfect.Finally,the occupational security mechanism of the assistant judge was also incomplete,and there was a problem of incomplete promotion mechanism,lack of accountability for accountability,and lack of training mechanisms.These problems occur in the operation of the law clerk institution because there are some deep-level theoretical obstacles that have not broken through.First of all,we must clarify the decomposition of trial rights and the principle of layered configuration,change the model of the previous judge to enjoy the trial rights,and allow the law clerk to obtain the authority corresponding to its responsibilities.Then we must take into account the dual goals of elite justice and the people’s justice.By using the value of the judge as a judge as a judge,the value of the judge lays the foundation for the elite of the judge,and through the exercise of the judgment of simple cases,it will realize the affairs of the people.In the end,we must pay attention to the dual value goals of the law clerk in improving the efficiency of litigation and achieving the dual value goals of judges.In order to further improve the judges’ assistant system,we need to build a dual-setting grading mode of the law clerk to divide the law clerk as the junior law clerk and senior law clerk.law clerk as a limited judge is responsible for simple cases and non-complaints.At the same time,we must further improve the mechanism of litigation and allow the target of the law clerk to exercise their powers.Then we must standardize the assessment and evaluation mechanism of the law clerk,and set different evaluation methods for different levels of judges.Finally,we must improve the professional security mechanism of the law clerk,improve the professional promotion mechanism,and pursue the exemption mechanism and training mechanism.