Research On The Loss Of Court Clerk Under The Background Of Employment System Reform

The clerk is an important component of the trial organization.In 2003,the clerk implemented separate management sequence,and the clerk could not be promoted to the judge career.After that,the clerk has two identities,such as appointment system and appointment system.After the implementation of the filing system,the existing clerk has been far from able to cope with the case pressure in the face of the pressure of the case.And there is an urgent need for a large number of clerks to cope with the trial pressure aggravated by the growth of the case,so the reform will develop to the direction of the employment system.In 2017 the Supreme People’s Court issued a "people’s courts,the people’s procuratorates employment,clerks management system reforms(try out)" to perfect the clerk put forward a new direction for the construction of the management system.Employment clerks’ law professional quality is low,they don’t have standard job training and other issues arise.In the process of the implementation of the appointment system clerk system,courts around the positive response to the policy,and they have launched on the local court appointment system personnel management methods.But there is no unified standard,the appointment system clerk management is not unified problem prominent.At the same time,due to the reform of the clerk of employment system and other supporting system measures have not been sound,low welfare benefits,low professional identity,low social status factors make the clerk of employment system loss phenomenon of different degrees.After the loss of a number of personnel need a new round of personnel to fill,the loss of the appointment system clerk also reflects the loss of judicial costs.And the hiring system clerk team is not stable,then it slows down the trial efficiency,and hinder the improvement of trial efficiency.Court personnel classification management system is the foundation of the judicial reform,the clerk as trial support personnel,its judicial assistance work professionalization is ignored.And the clerk management is not scientific,the clerk system reform did not carry on smoothly as scheduled,the court clerk groups growing instability phenomenon.To solve the problem of the loss of the current unstable clerk group is the key to the reform to continue to move forward,but also the key to the sustainable development of the court team.Article will focus on employment clerks loss related issues after the reform,and it is divided into five parts.The first part determine the professional status of the clerk by comparing the role of the clerk in the trial before and after the reform.The second part expounds the current situation of the loss of the clerk of the employment system,combing out the concrete embodiment of the loss of the clerk through reading literature,network check data and field visits,and analyzing the impact of the loss problem.The third part focuses on the deep reasons behind the loss of the clerk of employment system.The author found that the clerk still exists in practice and the phenomenon of confusion with the duties of the judge assistant,and the distinction between stenographer is not obvious.Sequence of clerks a separate management after the reform,the low scientific management mode,administrative preparation and "judge" reserves are banned.The rank of the clerk employment,promotion,salary and social status are lower,and it results in the decrease of the professional group of professional sense of belonging.This is the reform did not pay attention to the role of the clerk in the trial work.The fourth part breaks the boundaries of dissecting theory and gives full play to the advantages of modern team system organization theory and the value of intensive management theory.The fourth part through ascension clerks professional group of inner sense of fairness and professional sense of belonging to promote the stability of the community,to improve the state of loss of employment clerks to find deep theory to follow.Last part is to put forward countermeasures to improve the clerks erosion problem,through to promote professional clerk system construction,establish a diversified way clerks career advancement and to strengthen their professional guarantee measures,such as a build a more revolutionary,regularization in judicial reform,professionalization and specialization of the court clerk team goals.