Primary Court judge and Reflections of the people

Since reform and opening, with the economic development and the people continue to enhance the rule of Law, people from the rule of Law, the focus of attention shifted to the judicial legislation, "Justice" as people are most concerned about issues of concern. "Realization of Justice words, the person operating the quality of the legal operation of legal content than the more important. "In this context, the Supreme Court judges professionalization of reform decisions, expectations as to build a high level of professional career judges. Objectively speaking, the judge stressed the reform of vocational building is the subject of judicial recognition of the importance in the further deepening of the rule of Law, judicial reform is the inevitable outcome of the further development.

Any reform must face the reality, but also must meet with certain practical conditions. To promote the construction of professional judges, must meet a basic precondition: career judge whether there is sufficient advantage to retain or attract high-quality talent community. If the lack of a Bo, the judge is bound to the loss of vocational building the necessary foundation. build a high-quality judges in the target must fall. However, generally speaking, in promoting the process of building professional judges, the judge is not realistic to have the aforementioned professional conditions. In recent years, most of the underdeveloped areas in pArticular grass-roots courts recruit Law graduates for college enrollment examination for the phenomenon can not occur, even the Supreme Court to recruit senior judge who is to be the same, the same time, grassroots courts also face experience, qualifications deep and older retired judges or retired, young people and very difficult bar exam to become a judge by practical problems. This phenomenon, such as left unchecked, could seriously affect our judicial system reform and the socialist rule of Law the process of building pace.

First, the basic status of the Court
We do have some high-quality courts at all levels of judges, some of our courts, especially the High Court or the Court of the developed area, the absorption of a number of legal professionals in Higher Education degree or master's and doctoral graduates, they have a solid deep in legal theory, legal practice after a period of time, accumulated a wealth of trial experience, able to skillfully use the law and legal theory to solve the trials encountered in practice in a variety of legal issues, has become the backbone of the rock at all levels of courts. Unfortunately, the judge is to achieve such a standard is not high proportion of the whole, better than the local economic development in underdeveloped areas, a higher court than the court below.

Primary Court level of Education is low prevalence of police officers, not high quality of personnel, and the trial can not meet the high standards and strict requirements, embodied in: First, neutrality, impArtiality, independence, democracy, efficiency, openness of the modern concept of Justice has not really established, third, legal knowledge and judicial skills lag, slow to update their knowledge, low level of legal theory, not a thorough understanding of the newly promulgated laws and judicial interpretations of the spirit, quality is more a single, most only for a pArticular type of case trial, Research capacity is insufficient to cope with new developments in the trial. grassroots elected judges of the Court is also facing greater pressure, poverty-stricken areas of the grass-roots appeal of the court was insufficient to college students, and some grassroots courts, although a relatively good recruiting law graduates, but hardware backward, poor working conditions, benefits and other reasons, unable to retain these low rare talent. If the author of a grass-roots courts area politicians Court in 2001, three outstanding graduates over the selection , was soon to come to the fore court, some still in courts across the country, winning numerous awards symposium. but because of material conditions are too hard, the three, who left the court to the county and county government work, one has to go to coastal areas to be left to local in the legal profession, and the other people are ready to return to origin, development, grassroots phenomenon of the court is unable to retain talent is worrying. unified judicial examination of the judge access standards to ensure a high stArting point, but the past two judicial examination of the situation, grassroots Court satisfactory pass rate is difficult, by the eastern region was better than backward regions. On the other hand, some through the judicial exam and interested in the work of the Court before you enter the channel is not smooth because of not promptly added to the ranks of judges . Some people have described the Primary Court that the Status Quo: could not walk the walk, the past can not come here to to go.

Then in addition to first-line judge who has a judge but also have duties? Present within the court files, Political work, logistics and other depArtments, there are some "do not judge handling the case", in addition, set the trial in a professional and administrative positions the president, vice Dean, the President, Vice-President since the administration assumed office, work coordination and other administrative matters very heavy, very few investigators. So a line judge only about half the number of court preparation, but almost all of the trials undertaken work, no wonder overwhelmed, the court also always feel understaffed.

The one hand, the total number of large courts, treatment is difficult to substantially increase the amount of the financial difficulties question the one hand, the backlog of cases, the judge handling the case overwhelmed the practical difficulties, the contradictions between the two has been becoming more and become a bottleneck restricting the development of judicial work, affecting the quality of case handling and case results. heavy workload and not commensurate with the consequences of the treatment is a huge loss of line judges.

Some long-term treatment because of the rank can not be resolved and a half to find another way to party machines. In particular, a unified judicial examination in 2002, there has been a vicious circle, that is, recruitment into the Civil courts by people who work hard through the judicial examination can not be ordered for the judges, who have passed the examination Court is not willing to apply for a judge, but rather as a lawyer, who has been working in the courts, the other units has been transferred. judge the phenomenon is not limited to the loss of the western region, the Supreme People's Vice-President of Hubei and Hunan million CPPCC group discussions in 2005, an astonishing figure given at the meeting: In recent years the judges of a total loss of 1.6 million people. study the fundamental reason lies in the low salaries of judges, personnel flow to other areas of the business . the consequences of brain drain is difficult to improve the quality of groups of judges to hear cases, the lack of quality assurance, can not meet the demands of the masses, the formation of low pay - the brain drain - the vicious circle of low quality.

Some people may say, most of our judges have a college Education, you say that, is not Kuataiqici? Admittedly, our judges have a college Education is increasing year by year the proportion of the trend, some courts have reached 80% or 90%. We are accustomed to judge with our what amateurs learning by participating in, get what diploma, college Education accounted for a percentage of the total number of judges to prove the improvement of quality of judges. If just from the numbers, the judges Quality is still plausible. But this is only a superficial phenomenon, should see them more than 80% or 90% of the judges have a college Education, only a small part of colleges and universities graduates. most of the other job is to work to participate in future Goes, Self, correspondence, publications and other graduates granted, of course, which also has a small part of people's self in this way have some legal knowledge, it is undeniable that such a utilitarian academic education. Most people are for the diploma learning, not for the knowledge and learning. judicial practice even though some of our judges have such kind of diploma, but confused about the complex legal relationship from the case to trial is incoherent, full of great vernacular trial, the trial of written reports, judgments stereotyped language logic unclear, people looked incomprehensible. see this amateur business degree education to improving the quality of students is very limited, the overall professional quality of judges has not produced the expected leap in the level of diploma and there a gap.

Judges into the next, "the judge handling the case" and "do not judge handling the case." Well this classification method is very clear, the next is a like to a case, but that is the case do not "do not judge handling the case". "The judge handling the case "is divided into different types of exercise of jurisdiction of the judge, that is where the different divisions. A few years ago, the court of which the existence of the so-called hot sector, if the Court is a very hot time of economic sectors, followed by a criminal court is attractive, the execution of the Court (Board has been a lot of people are looking forward department. judges vying to be the hot sector, the House leadership is very difficult, so has been the introduction of hot sector provisions of the rotation of judges or three years, leadership has To follow the rotation, said white "can not be cheap for a person to account for the total O". "do not judge handling the case" is mainly integrated departments, administrative departments and personnel departments, such judges is euphemistically called the object to train leaders But the fact that only a very small number of promotions, and the remaining are mostly older people and dawdle. The above classification shows a problem, that is, within the ranks of judges, artificially created a kind of inequality, there is the trial rights can be unfair to pursue various interests. In the end the detriment of the interests of the parties.

Primary reasons for the Court of brain drain
The macro:
1, the market economy system and gradually improve the flow of talent to provide a mature social conditions. The market economy system, in essence, social resources, including physical and material resources and the intangible benefits of the intellectual resources of the largest configuration of a mechanism. This mechanism The most basic way is competition. It makes all kinds of social resources through the competitive advantage to benefit the field of mobility and convergence, in order to activate and play the full potential of social resources to achieve the social objective of optimal allocation of resources. In our country from a planned economy transition to a market economy in the process of formation of the first visible in the economic field competition of material resources, and promote the objects of the accelerated flow. As competition intensifies, people increasingly dominant position of respect, market competition is the competition for talent in the final analysis understanding of widely recognized, the flow of talent is no longer seen as deviant, deeply rooted concept of their own jobs. In this historical background, past some of the barriers impeding the flow of talent to be removed gradually, residential commercial, old-age social insurance and medical insurance , have been tied to the chain of flow of talent gradually lifted, the individual control units almost disappeared, while the household registration system reform and impede the flow of talent to break the ice the last one, increasing the flow of talent is simple, to promote the social conditions of the flow of talent matured .

2, the pursuit of self-realization, the formation of the internal driving force for the flow of talent. In the market economy, human pollution, life, world outlook and values ​​of an increasingly diversified, the maximum degree of self-worth to become the mainstream consciousness of modern society. In this sense of domination, each person will be the formation of self-realization certain expectations, and their expectations and the actual comparison of the obtained trade-off. when it is expected to vary significantly with their actual income, he would consider replacing the occupation, post or otherwise expected to achieve its mind, although in some cases, his expectations are unreasonable, impractical, but it is his own ideas, very difficult to change the outside world. Meanwhile, the flow of talent is talent in itself a way to add value through the flow, can indeed promote individual self-realization. Once the existence of external incentives and talent flow is inevitable, because the intrinsic difficulties of individuals beyond the control of another person.

3, regions, occupations and units constitute the flow of talent between the strong magnetic field. First, in our various areas of economic development, due to the historical basis, policy preferences, geographic environment and so the impact of these factors, local development poles imbalance, while finance, income distribution mechanism, the central and local implementation of the tax system, economic development and fiscal revenue directly determines the position Yan Mountain is the financial income is often an important factor for economic development. In this economic development and fiscal revenue loop, resulting in the development of the widening gap between regions. Second, because the nature of occupations and units and units in different reward staff for the personal development of space are different, and some even very different. So , economically developed areas, and units of promising talent competition in a landslide as the flow of talent to attract the "low-lying areas."
Microscopic reasons:
1, the judge employment income is lower. Of the Judges Law, the judge made special provisions for wage insurance benefits, but the provisions are too principles, in fact, be unable to fulfill the "in the water." On the whole, the wages of judges and the State Civil Service basically at the same level. due to local economic development is different from the composition of the basic wage salary, allowances, benefits are very different. even in the same area, the judge's income is far below the industry and commerce, taxation, national land resources and other administrative organs revenue officers, more difficult and power, telecommunications, communications, water supply, compared to the financial and other company staff. Compared with similar professional, Political and legal departments, as both belong to the Law Commission, the public security organs, their ranks much higher than the judge grants subsidies and have financial security, and the judge grants Although the standard is lower than rank allowances, fewer than the number of police officers, but the funds must be resolved by a judge their own way. Objectively speaking, the national quality requirements for judges than other occupations, whereas in area is lower than other occupations, and income are lower than in other occupations, the contrast between the two judges can easily cause psychological imbalance. in the city most of the lower courts, judges the basic monthly income of 1,000 yuan up or down in the individual counties the judge has not yet reached this standard. economic distress, prompting some judges to change careers or jobs through the way to send their own economic Honesty history. one of the judges, parents and brothers are in rural areas, micro-book revenue, net of food outside their own family , needed aid to rural areas from time to time parents and siblings. when it comes to the original intention of changing careers, he can not help some emotion: "I just ran the money was gone. I was not the work of a few hundred times, not as a primary school have not graduated from migrant workers. parents provincial food for my clothes shrink university, the return of my parents, I often bruised and battered for the money. When a judge too shabby! "
2, the low Political status of judges. At present the level of staff of the Court Party v. mode still apply, the judge level exist, but neither treatment nor reflected in the performance of the economy for Political benefits. Relative to the Party and government departments, because with politics treatment given to people far from the authority or decision, the court staff in the position to enhance the opportunities too few, in the Political development of the space is too narrow, the same political treatment in access to the capacity in a natural disadvantage. A Primary Court judge, to resolve Fu Keji treatment, not only have outstanding performance at work, more importantly, depends on the person of the day, described as "martial arts outside of poems." in the Party, National People's Congress, government staff, to get the same treatment opportunity very much, as long as the internal bodies are general deputy, to resolve minor subjects are subjects as well as treatment. Even with the political sector, the public security organs, director of the police station a few years ago can be solved by the appointment of Fu Keji treatment, the governor address the court Fu Keji treatment just put on the agenda. that can not be transferred to the field, they do not want to take the risk of 30-year-old resignation of judges, under the conditions permit, always willing to transfer to Party and government departments in order to obtain the appropriate political treatment. transfected affixed to the Research Papers Download http://www.hi138.com 3, judges lack the identity protection. Article VIII of the Judges Law, the judge, "not because the judge reasons, not the statutory procedures have not been dismissed, demoted, dismissed or sanctions. "Despite very clear provisions, but the local party and government departments do not buy it, in violation of relevant provisions of the Law on Judges and other judges removed from office, demotion punishment cases have occurred. mainly as follows: First, as a general administrative services to the Court departments, Civil servants in general will judge as to include local professional climate appraisal, bottom out of such areas, one reason there is a complaint and does not respect the laws of Justice and judicial acts of professional features, free fall, free, transfer judges. Second, some supervisory authority has the right, the command of Seeing with one eye like hearsay evidence, the judge lightly start the investigation process, a great rest until the judge does not check down trend, the end result can be confirmed that the judge's conduct is not illegal, nor inappropriate. Third, institutional reforms, local personnel departments ignore the law judge, the judge has not reached the statutory retirement age in order to streamline the implementation of personnel policies in the name of the judge against the wishes of forcibly remove the judges. This collective nature of policy breach of the Judges Law, the phenomenon, there is not even subject to any doubt that the judge is not in the implementation of law be respected, but also confirms the reality of the political framework of the Court in the lower position, also shows a lack of physical protection of judges .

4, judges bear a disproportionate share of the responsibility. "Judges have no other boss in addition to the law." Marx's classic statement that the judge only to the law. However, the reality of asking the judge to exercise authority must reflect the legal effect and social effect of the uniform, otherwise, Even if the law was correctly applied, could not escape the blame. Since the contents of the social effects of considerable uncertainty, often outside interference to justify the judge handling the case, even as some reasonable basis to achieve personal gain. In this case, the judge the face of the case, in addition to considering the law, it must also consider the acceptance of both parties and even beyond in some cases the background. even in some cases, whether the accurate application of the law fell to the second, the judge had to violate their own The results will render a decision, which is, Shang-side constraints of the best legal talent of the individual play, making it difficult to stand out, on the other hand Yezai judge reduced the overall knowledge in the professional career of challenging the judge's talents honed in the real gradually mediocre. a serving judge pointed out: the current judicial environment, virtually to the judge increased the work pressure, and this pressure is not to resolve through their own efforts. Maybe the accumulation of stress, brain drain, the court an important factor.

5, the court administration of the internal management too. First of all, China has long been the judges as public servants, state cadres view in the political treatment, work on the treatment applied to the administrative management of party and government organs, evaluating the cause of success or failure of a judge, mainly their positions and ranks as the standard of promotion, making the judge's value orientation in politics. in a court case is difficult to get a promotion and instead seek to transfer to other departments a lot of people are more vulnerable to promotion. Second, the concept of the independence of judges is not recognized, the judges do in practice rather difficult to reflect the proper independence. in terms of the exercise, the judge not only by external interference in the internal request and approval too much. or a greater impact on some difficult cases, layers of approval as necessary procedure, a single judge or the Full Court decision is almost no independent powers. In this way, the judge just a case of contractors, can not truly reflect their will to make decisions, there can be no experience to drive through independent trial, the inner satisfaction of social progress and sense of accomplishment.

6, the judge entry conditions to improve vocational .2001 judge amended law will serve as the academic qualifications of judges increased from college to college. In specific practical operation, the court system has also strengthened the management of the redeployment of staff efforts, in addition to adhere to the << CPC Central Committee on Strengthening the Political Cadres decision>> identified in the "Where into a compulsory" principle, but also issued a <"On strengthening the management of the appointment of judges notice>>, the judges serving on the further refinement and review process stringent. In this case, on the one hand, a large number of judges do not meet the conditions of employment of other party and government organs, demobilized soldiers were blocked in the judicial profession, the formation and outflow of the number of persons transferred to "make ends meet," the characterization, On the other hand, in line with the staff conditions of employment of judges, and its excellent quality of their challenge to provide the capital to escape career, especially in economically underdeveloped areas, the Court of the Court not attractive enough for them, which is less high-quality personnel into the underlying causes of the Court .

Countermeasures:
Flow of talent is a modern Civilized society to any natural phenomenon. The rational flow of human resources, both human values ​​of respect, but also an important factor in promoting social development. But grassroots courts, especially in economically underdeveloped areas of the state Court of the flow of talent has beyond the scope of the rational flow of talent and a certain Degree of the development work of the Court, causing a high degree of attention and need to take effective measures to resolve. However, the brain drain of primary Party Fayuan issue that must be closely actual situation in China, follow the market economy law, respect for the reasonable demands of branch personnel flow, reflecting the professionalism of Justice, in line with the goal of building professional judges. Otherwise, the brain drain problem is not under the settlement, but will lead to more contradictions.

Vigorously promote the reform of the judicial system and highlights the court occupational social status.

First, the judge effectively improve the political status of career and social status. Justice is to achieve social justice last line of defense, understand, respect and protect the professional status and authority of judges, is the prerequisite for achieving social justice is a symbol of social Civilization and progress. For This is only in the whole society (including the leadership of consensus decision-making bodies in order to correct positioning objectives of the reform, push forward the reform process.

Second is to strengthen job security. To effectively improve the system, the establishment of an independent professional appraisal management committee of judges, clearly limit the investigation, pursue the matter, dismissal of judges of the statutory subject matter, the scientific supervision of judges set up to establish the system of judges of judicial immunity is not achieved due to due to referee error that causes the judge punished, to achieve the assessment of judges, appointment, removal, investigation, accountability, discipline and other matters of professional procedures, and the rule of law, security law judges exercise judicial power independently, eliminating the worry about exercising functions and powers of judges.

The third is reasonable to improve the remuneration of judges. Income is one concrete manifestation of the value of labor, wage income is not reasonable to require the judge to exercise the right life or death over consistently, million gold ownership responsibilities, it is in violation of basic human needs of the moral demanding. This demanding, or the judge to corruption, or that judges retire away, it is likely to create high-quality judges an empty promise. in streamlining the number of judges, based on the reasonable increase the economic benefits of judges, to ensure that judges enjoy their status, consistent position of honor, is to retain talent, talent pool, the basic measures to attract talent.

Fourth, an administrative trial, the color fade. In improving the quality of judges, we should deepen the reform of judicial organization, and gradually expand the jurisdiction of judges, the full implementation of the mandate of individual jurors the full court, changing presidents, chief judges and trial functions of the Commission, focus from approval, to discuss specific cases towards the macro guidance and trial management, follow the trial of law, improve supervision and management, both to ensure that judges exercise judicial power independently, and effectively prevent the arbitrary administration of justice and judicial corruption.

Strengthen the incentives to establish a good employment environment.

First, improving the examination system, to achieve the scientific and objective assessment. To the characteristics of the work of the Court, in accordance with the laws of the trial, with court mandate and the practical, scientifically determine the assessment indicators and assessment criteria. Practice routine examination and annual examination combination of absorption represented in the assessment of judges, regularly publish results of the exam, and examination results as the basis for the use of personnel.

Second, improve the competitive mechanism, the formation of the correct orientation of the employment. To insist on "fair, equitable, competitive, merit-based" principle, merit selection, selection of the best use of all human resources. To feel a capable, on a competitive employment mechanism Yongzhe , establish the correct values, get rid of people who use seniority, balance of care, thus allowing the talent both see hope, enhance the upward mobility of the force, but also feel the pressure should really realize that by level, through capacity development through performance self, in the struggle to achieve personal values. on the incapable person, to make the necessary adjustments, for outstanding job performance, the judges recognized the masses, to boldly use, an important appointment, so that they get jobs in key exercise.

Third, improve the incentive mechanism, and truly reflect the value of talent. In the scientific assessment, based on the rational use, to eradicate the average ideology, and establish a comprehensive reward system, to achieve Jiangqinfalan, awards can be fine-yung, Jiangyoufalie that fully reflected the value of talent, so that the potential talent into full play, thus forming a virtuous circle of employment mechanism.

Strengthen political and ideological work, to create a good working atmosphere. Reposted elsewhere in the Research Papers Download http://www.hi138.com