The Perfection Of The System Of Judge Assistant In China

As an important part of the reform of the judicial staffing system,the judicial assistant system plays a foundational role in the realization of the policy goal of professionalization,specialization,standardization and elitism of the judicial contingent under the guidance of the idea of personnel classification management.The improvement of the judicial assistant system is directly related to the success of the staffing system reform,and is of great practical significance to the promotion of China’s rule of law,especially the establishment of a scientific and efficient judicial system.The judge assistant system is a very meaningful institutional attempt to achieve personnel classification management,but there are still some problems in practice and operation.First,the positioning and duties of judges are not clearly divided,and the phenomenon of functional crossing with the judges,clerks,and comprehensive judicial personnel;second,the personnel of the judge assistant system are insufficient,affecting the efficiency of trial efficiency;the third is that the judge assistant assessment promotion standard is not enough Science,the establishment of a separate sequence assessment system is urgently needed;fourth,the road of the judge’s assistant is not smooth,which affects the sense of professional identity.At present,only the responsibilities of the judge assistant and the reserve army of the judge in principle in the legislature,but the lack of operating mechanisms and not forming a unified reform system are the main reasons for the problem.On the one hand,my country’s court has long implemented the "judge-secretary" case handling model.Now joining the judge assistant to form a new trial team,what kind of work should the judge assistant should be responsible for,and it is not obvious in the legislation.On the other hand,it is difficult for judge assistants to jump.For the "administrative" management model of civil servants,the judge assistant assessment and evaluation system legislative legislation is absent.There is no unified judge assistant assessment method and evaluation standards.It is difficult to effectively manage the judge assistant before the Supreme Court has not introduced a unified judge assistant management method.Finally,the number of members is limited,the promotion and career development of the judge are affected.The judge assistant system in our country has gone through the exploration of deepening.It is necessary to motivate the help of the judge assistant,improve the judge assistant system,and make the judge assistant system more scientific.It is the basic direction to promote the reform of the judge’s assistant system.First,we must clarify the positioning and responsibilities of the judge assistant,form a reform model of " Restricted Judge & Hierarchical management ",and re-divide the auxiliary matters of the junior judge assistant,and give senior judge assistant procedures for judgment and limited trial rights.Legislative and institutional management system,clarify the channels of judge assistants,build a separate promotion mechanism,and improve the judge assistant accountability system;thirdly,we must improve the judge assistant entry mechanism,formulate staff test specifications,pay attention to occupational ability assessment,introduce rotation communication mechanisms,etc.Content to ensure that the reform of the judge’s assistant system has been fully implemented,and the far-reaching development of judicial reform is promoted.