On the "judge" fault

With the development of society, the process of continuous improvement of the rule of Law, social demand for legal talent growing, with a certain degree of theoretical knowledge and practical experience with the more judges be Lawyers and companies compete for resources. Part of the Primary Court , especially in some less developed areas of the judges, "fault" and the talent shortage is becoming more prominent. from a system perspective, the leading cause of the fault of judges are:
First, the implementation of judicial examination system is intended to promote the improvement of quality of judges and to prevent the abuse of persons in, but in the current courts and judicial areas of personnel management within the framework of leadership, they became the reason of professional fault. On the one hand, high Menjian brought on occupational access channels negative of. modified the <<Justice Act>> will be serving judges from the college to improve the academic qualifications to undergraduate and established judicial Kaoshi the Menkan, then he appears a "court wanted would not come and wanted to cross the threshold, however, "the dilemma. On the other hand, non-trial judges on the judicial examination system into the judicial profession as well as access to the system of exclusion. did not pass the bar exam without a <<Judges Law"> office conditions of people to work in the form beyond the Law for the completion of the judges, so that administrative ranks of resources and the Judicial Committee, the collegial panel organized resources are the occupation and influence, weakening the judge strict selection of the rigidity of, for failure to judge psychological considerable impact, causing many psychological reactance and loss.

The second is the preparation of the management of the Fa Yuan is equivalent to other state organs in the post management system, not judges within the Court to establishment and the preparation of non-Faguan Regulation posts, respectively. This situation caused the work of the court staff or the preparation of management Luyong authority to manage the preparation of the court when the judge can not be specifically employed or setting a quota, resulting in a large number of officials in the amount of illegally diverted to the phenomenon of Judges, it is difficult to ensure the dynamic balance of Judges.

Third, do not apply to the court through judicial examination as a necessary condition for civil servants. Our judges continue to follow the party and government civil service hiring procedures and conditions for recruiting, recruiting judges in the judicial examination will take the exam as a prerequisite for the The phenomenon of a few. civil service examinations and judicial examination is a test turned up two different levels of staff capacity and the examination system. who passed the civil service examination does not necessarily through the judicial examination. Such unscientific way of recruitment of civil servants Court caused by the civil service part of recruiting process into the civil courts can not be too long off the judicial examination into the judges. This part of the judge who is relatively reduced staffing.

Fourth is the present legal environment for career judge bringing unprecedented pressure. Hand, as it's legal consciousness and legal levels generally increased, people are the judges handling the case in a fair and Justice requirement with increasing, and Harmonious Society asked the judge handling the case construction of the Law and social effects into account, the judge must not only understand the law, but also understand the politics. On the other hand, with the <<Supervision Law "> The introduction of the NPC supervision of the court will gradually increase, the court Review the internal investigation of cases, errors and misjudgments more and more standardized system of accountability, etc., enforcement is also growing. In addition, a number of factors led to the authority of the administration of Justice is not high, in many cases "do not end the case", the parties continue to petitions. The court has become a focus of social contradictions, the judge handling the case can be said to be a heavy task, responsibility, high risks high. However, such a situation, we judge the performance objectives of the lack of a scientific and reasonable evaluation system reward and punishment system of judges is not perfect, so there has been "handling the more the greater the chances of miscarriage, the greater the risk, the less handling, more secure," the cycle, the result must be the judge handling the case negative, positive transformation, progressive loss of professional confidence .

Serious loss of five judges. The judge lost two cases, one is the internal loss of business that is engaged in the trial judge to the trial court's internal non-loss business. The court trial sector in general, more staff, job promotion, competition is more intense, non- the business sector generally are fewer trials, more peaceful competition career advancement. some judges are not from the perspective of career advancement are not finding jobs of non-judicial operations. judge the loss of another phenomenon is the loss of the judge to the court outside the system. The court compared to other in terms of establishment and national institutions more generally, but has a relatively small number of leadership positions, the judge in relation to other duties by civil servants promoted greater competition. The court is the object of supervision of the whole society, is the central focus of social conflicts, which the judge occupational risks more than other civil servants. a lot of factors determine the civil judges and other state organs have certain disadvantages compared. in personal income compared to judges and lawyers on the significant features of income with the judge to extend the length of service, job little change in the promotion of its growth, and lawyers with the extension of working hours and qualifications to enhance its revenue growth is enormous. from occupational risks, the law judge in terms of occupational risk is relatively small. Therefore, the judge to the other loss of state authorities or the legal profession more serious phenomenon.

That should be noted that the judges fault issues at the grassroots level and prevalence of economically underdeveloped areas. This is the task undertaken by the current court is the opposite: 80% of the courts of the grass-roots courts, 80% of the judges of the Court's work at the grassroots level , 80% of the cases accepted by the grassroots courts. The three 80% of the decision of China to achieve Justice must start building the grassroots level judges. Meanwhile, more economically developed regions, the more need for sound legal environment to ensure that the healthy development of economy and society.

I think that you can judge from the following aspects should shortages.


First, the implementation of judges staffing management system. Judge staffing management system that is specifically for the preparation of management authority within the Justice Court of establishment and to provide for, the implementation of dynamic management in case of vacant posts of judges in time for the community from the exam to get a law through judicial professional recruiting qualified personnel in the public judge to prohibit other non-judges court staff within the establishment and occupation of the judge. reposted elsewhere in the Research Papers Download http://www.hi138.com Second, to optimize existing human resources. As For historical reasons, some remnants of the courts with lower academic qualifications, professional mismatch, lack of legal capacity and long-term self-examination can not be obtained through the judicial legal professional qualifications. this part of the party committee and government staff should be carried out within the national system of human organs resource optimization, to optimize this part to be able to display their professional expertise of other state organs, organs of the other countries in the legal profession through the judicial qualification exam to get to optimize to the Court.



Fourth, the legal profession through judicial qualification examination to obtain the court to participate in the civil service as a prerequisite for recruiting one of the examination. In the future, the Court in recruiting candidates for civil service should be made through the judicial exam and apply the law as a necessary professional qualification certificates condition of equipment to prevent some people although the civil service recruited by examination into the court, but not by long-term access to legal professional qualifications of judicial examination, the judge can not enter the ranks of the phenomenon.

(B take the Judges and the road. The court in the management of work, should establish a new judicial reform concept of consciousness and for re-trial, trial, lack of strength in the situation, through the establishment and improvement of judicial system and other reform measures to have more quality and capacity of judges to devote more time and energy into the judicial work, do not allow judges to work in administrative affairs, the trial judge added to the front-line work, a real judge, not the other qualified personnel with the transition to a judicial law clerk staff and other support staff roles to improve the quality of handling cases, efficiency of handling cases and case number, continue to implement the application of summary trial procedures, the rational use of judicial resources to ease the power shortage problem of the trial, to maximize the effectiveness of to address the issue of judges fault. focusing on the Court of administrative support staff education and training, encourage positive coping judicial examination, focus on internally generated from the Court of Justice. from the spirit to be encouraged, in the review turned up in time to take care of and improve the judicial examination pass rate, which selection of judges from the community channels in the smooth situation temporarily, as the Court of internally generated from the judges.

Fifth, take measures to prevent the loss of the judges. At present, the court shall establish appropriate systems to prevent the loss of the judges, that is, the trial judge to provide more business opportunities for career advancement, but also to prevent the trial judge to the court's internal non-departmental drain. The state should improve judges political treatment, job promotion for judges to provide the same or better than other civil servants in conditions the judge to increase the economic benefits and reduce occupational risks of judges, more judges from the system to retain peace of mind in trials.

(C strengthen and improve the jury system. Since decreasing the number of judges, many judges are overloaded with work for many years, work pressure. Emphasis on the jury's business skills training, held in a timely manner according to pre-service training needs, job training, actively seek jurors funding, give full play to the role of the jury, the real participation in the jury for the trial judge to provide the correct factual basis to ease the judge "gap" caused by work pressure. reposted elsewhere in the Research Papers Download http://www.hi138 . com