Study On The Employment System Of Judicial Auxiliary Personnel

As an important part of the judicial reform,the classification management system of judicial personnel has been advancing and deepening under the guidance of many documents in recent years.Since the First Five-Year Reform Outline of the Peo ple’s Courts put forward the idea of having judicial assistants and clerks,and the Supr eme People’s Court issued several reform Outlines and Framework Opinions on Some Issues concerning the Pilot Reform of the Judicial System,The relevant documents al l regard improving the classified management system of judicial personnel,improving the judicial responsibility system and promoting the reform of the personnel system o f courts as an important part of judicial reform.Under the guidance of the above docu ments,courts at all levels actively combine their own conditions and promote the impl ementation of the judge staffing system and judicial responsibility system through det ailed personnel classification management.In recent years,with the rapid increase in the number of cases accepted by the court,tr ial auxiliary personnel have become an important guarantee factor of trial quality and efficiency.All courts,especially those at the basic level,have set up a public recruitm ent system for trial assistants under the limitation of staffing,so as to meet the needs o f case hearing and judicial reform.Ensuring reasonable and effective employment syst em of trial auxiliary personnel can not only relieve the pressure of "fewer cases",but a lso facilitate the further deepening of judicial reform.In practice,the effectiveness of j udicial reform will be influenced by whether the relevant provisions of the judicial au xiliary personnel employment system are clear,whether the system runs well,and wh ether it can guarantee the trial quality and improve the trial efficiency.Only by explor ing the problems existing in the employment system of judicial auxiliary personnel in the process of practice,and putting forward specific suggestions on the problems,can we really promote the implementation of the reform of the classified management syst em of judicial personnel.Based on the background of judicial reform and theoretical analysis from the perspecti ves of economics and law,this study explores the way to further improve the hiring sy stem of judicial auxiliary personnel in our country.By the methods of field visits and questionnaires,it analyzes the applicable status and problems of the hiring system of j udicial auxiliary personnel in three grassroots courts in G province and X city.At pres ent,in the practice of the employment system of trial auxiliary personnel in grassroots courts,the problems such as downward compatibility of trial business,low degree of professional recognition,limited promotion channels and general management provisi ons are more prominent.Through the analysis of the causes of the above problems an d the comprehensive analysis of various viewpoints collected in the process of investi gation,on the one hand,it fully meets the needs of judicial reform and case hearing of the court,on the other hand,it also takes into account the life needs and development needs of the auxiliary personnel of the system of appointment trial.This paper holds t hat: The judicial reform should be institutionalized and immobilization by following t he principles of on-demand employment,business assistance,efficiency improvement and the consistency of rights and responsibilities,and by clarifying the role positionin g of the judicial auxiliary personnel based on appointment,establishing the subdivisio n mechanism of the judicial auxiliary personnel based on appointment,perfecting the remuneration system,creating the "investigation-promotion" channel,and improving t he work management system of the judicial auxiliary personnel based on appointmen t.Improve the professional and sense of achievement of the appointment-based trial a ssistants,so that the appointment-based trial assistants can choose to engage in the em ployment position as a lifelong career,so as to ensure the stability of the court’s trial t eam,and truly achieve long-term stability to ensure the quality and efficiency of case hearing.