Analysis of the shortage of judges phenomenon to see the plight of the selection system reform of China's newly appointed judges

Abstract In this paper, intensified grassroots Court Judge shortage problem analysis, pointed out that the shortage of judges on the basis of an objective assessment of Chinese primary judge reform initiatives, it is precisely because the selection system is imperfect, and further explicitly in addition to the salary system reform has stagnated, the lack of grass-roots judges professional pride is the root cause of the shortage of judges.

The Paper Keywords shortage of judges primaries judge selection system for judges professional pride

Some judges choose to change careers, switched to high-income low-risk occupation has become an indisputable fact. From various news reports, we can summarize the the current grassroots shortage of judges the performance of the following five aspects: Judges can not meet the needs of the trial of the growth, especially in the economically developed eastern regions most severely; western Judge Occupation nobody cares; serious loss of existing judges talent; improve the selection threshold so many people willing to engage in the work of judges have been shut out; judge retirement age is too low, the shortage of judges is even worse. In fact, the problem of the shortage of judges that just a few years, the media, academics started to pay attention, but the vast majority of the reasons attributed to income inequality, leading to Peacock Flies to the Southeast, and now, look at the shortage of judges, I am afraid not so simple , people have to recognize that the current problem has not people like it or not when the judge's questions in the west, but many people are reluctant when the judge.

G. Scott 'hot' difficult to alleviate the judge 'shortage'

What are the reasons eventually through judicial examination did not choose a judge in his own career, and find another job, I believe, is the result of the role of the two aspects: First, more and more people through the judicial examination do not want to do the judges; On the other hand few people who love the judges' professional forced when not judges. Forced to work as judges phenomenon of fragmentation, we should reflect on whether 'Every into the compulsory' junior judge selection system has unreasonable, for example, by the judicial examination, but also for the civil service exam in order to obtain the qualifications of judges; For no one is willing to be the judge's questions, we should reflect on some of the problems in our reform, such as the salaries of the judges serious reform has stagnated, lack of judges' sense of honor, because only corrected the problem in advance, the judge shortage will to get radical.

Second, the lower the threshold is not advisable

Unified judicial examination system should be affirmed. Through judicial examination system, strict judge the quality of practice is correct, is conducive to long-term development of our judges. Indeed, objectively speaking, with respect to each of the basic court judges needs through judicial examination are rarely, Western Court in particular. Based on the existence of the phenomenon, the court system, particularly the western court to reduce the difficulty of the judicial examination, to reduce judicial examination by the voice of the score of a wave after wave. I believe that lowering the threshold undesirable practices. Contrary to the first lower the threshold practices and judicial examination to improve trial professionalization, unified effect, artificially cause future western quality of judges behind the eastern part of the quality of judges, the situation is not conducive to the unity of the trial standards. Secondly, not to mention the shortage of judges is a common phenomenon in the country, is just on the west, really reduced get into the threshold of the junior judge, I am afraid it will not change the judges' professional situation nobody cares. In fact, since 2002, the Ministry of Justice, Supreme People's Procuratorate, the Supreme People's Court has reached an agreement to implement to reduce judicial examination passing score line approach to ethnic minority areas and poverty-stricken counties, has passed ten years, reducing the effect of the score not good, may also give some advantage of the loophole: by drop points to pass the exam is mostly not locals, the qualification may emigrated. Professor Su Li in the judge selection system inspection has expressed this concern: 'They simply because A few minutes is not unified judicial examination ...... can expect to stay in the court, through a unified judicial examination, among those who may still be at least some people will resign from the office of judge to a lawyer. '

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Junior judge selection system defects are the root cause of shortage of judges

The selection system reform and the salaries of the judges Reform is not synchronized, the improvement of the treatment of judges is seriously lagging behind. This is the shortage of judges are the main factors. 'To really fundamentally change the current law school graduates, especially top law school graduates unwilling to court when the judge the situation, so important measure is not to raise the threshold, but rather increase its monetary and non-monetary income in order to attract more outstanding legal talent to enter the court when the judge. '
In addition to the leaders of the reform is to be determined, there are two problems can not be avoided: (1) how the level of ability of judges and the actual income (including economic benefits and social reputation) is really linked to the death of wages to break the justice system, Establishing an effective incentive mechanism. (2) the court system and local finances separate plan as soon as possible on the agenda, the leadership must recognize that wage reform is imperative to the justice system of the reunification of the country, can not be evaded. In fact, as long as the judge all aspects of treatment will come up, will naturally be more willing to be the judge of highly qualified personnel, high up to the threshold of the court was naturally a matter of course, so it seems, and now do not think the court system to improve the treatment of judges and blindly emphasis on raising the threshold approach is that there are some putting the cart before the horse. In the salaries of the judges did not greatly enhance the premise, to talk about 'compound selection system, pray for gainful outstanding lawyers, jurists turn into a successful judge, was a myth.

2 junior judge selection system discrimination. Reasonable qualifications must also be able to accept, the professional restrictions degree limit, age limit, and so on. Certain unspoken rules is inappropriate, such as the court system does not recruit Master of Laws candidates judges within the court system but have read on-the-job Master of Laws. Master of Laws approved by the State Council in 1995, the 13th meeting of the Academic Degrees Committee set professional degree, has been popular too believe that the positioning of the Ministry of Education, 'with a specific legal professional backgrounds professional degree, generally agreed that the degree should be on the needs of the times whose goal is to develop complex, application-oriented legal talent, the legal profession for a judicial not only has a certain amount of expertise, you must also have considerable social knowledge and life experience, the only way the authority of the rule of law in order to set up a master's degree in law established precisely in order to satisfy this need. In recent years, more and more apparent advantage of the Master of Laws: 'The employment rate reached 99%, also showed a high level of employment and employment industry trends.' And Master of Laws graduates legal profession, the business community is widely recognized opposite in front of the courthouse hire cold. To the grassroots people's courts to limit the Master of Laws candidates judge from the Supreme People's Court, it is evident from recent years, national and local civil service recruitment rules. And each year the national court system has a large number of judges in studying part-time Master of Laws, which puzzling how the court system to treat the Master of Laws is the attitude, it is incredible.

3 primaries deficiencies in the system of judges. For the governance of the shortage of judges, need to change some of the practices in the law: The first is to cancel the judges' professional must pass the civil service examination system for selecting, since the judicial examination of the ability of legal professional qualifications examine, through the judicial examination on behalf of the legal capacity, should be bold, why on top of the judicial examination plus a civil service exam? Moreover, through the judicial examination of the people to participate in the civil service exam itself contrary to the spirit of the legislation, the new Law on Judges, has long been the judicial examination of the provisions of a junior judge, the only eligibility requirements. Secondly, the need to cure the shortage of judges to the improvement of a number of systems. This article is the analysis around the primary system for judges, in fact, the judge shortage is caused by a number of systems unreasonable. For example, the retirement age for judges is equivalent to civil servants, and even in some places and some judges even less than 50 years old are to take a back seat! Such premature retirement and separation is actually a waste of the resources of the administration of justice! This is not just experience and the judge advocate, contrary to the professional characteristics of the experience, the court system in the western grass-roots prior to a serious shortage of the plight is even worse. In fact, taking into account the actual situation in the western region, the implementation of the initiatives to extend the retirement age is reasonable; Another example is the system of selection of judges of the superior court from the grassroots courts, how to do both to make the selection of superior court of the right talent, but also to protect the grass-roots The court judge grass-roots work with peace of mind? Final analysis, given the freedom of adjudication of the Primary Court Judge, or grass-roots Court Judge sense of honor shape; For example, the habit of politics promoted excellent judge what should or should not? Who proved to be an excellent senior judge why the effectiveness of government agencies play will be high on the position of the Chief Justice? Contribution to the people? Single from the training cadres, love cadres angle say is untenable, because, if it is promoted in recognition of outstanding job performance by completely from the material interests and non-material interests of improving treatment, we can see, the shortage of judges is a system the problem is the system illnesses combined reflected no less cruel system reform is not enough.

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