Thoughts on Strengthening the Construction of Judges in County People's Courts

Thoughts on Strengthening the Construction of Judges in Tonghai County People's Court
On July 6, XX, the Supreme Court held a national court team construction work meeting. In order to implement the spirit of the conference, the Yunnan Higher People's Court held a working meeting on the construction of the court team on July 29th. There are three main contents of the meeting: First, study and implement the spirit of the national court team construction work meeting; second, summarize the work of the construction of the court team in our province since 1998; third, study and deploy the main tasks and measures for the construction of the provincial court team in the next period. . The focus is on the third issue. According to the spirit of the meeting, we will report to the leaders on how to grasp the team building in the future.
I. Strengthening the significance and role of the professionalization of judges The professionalization of judges is an important way to improve the overall quality of the judges. In a long period of time, it is a main line of the construction of the court team.
Trial work is a special kind of work. As the exerciser of the state's public power, the judge is responsible for solving social contradictions and disputes, safeguarding social justice and justice, and is the ultimate arbiter of social contradictions and disputes. The society has placed high hopes on the judge's professional ethics, professional ability and extraterrestrial performance. He hopes that the judge is the symbol of justice, the embodiment of fairness and the patron saint of conscience. Therefore, judges must perform the duties of judges. In addition to the qualifications of civil servants, they also need to have some qualities needed for the profession of judges. That is to have a systematic legal knowledge structure; a unique legal thinking style; a strong sense of social justice and a just faith.
But over the years, the professional particularity of judges has been neglected in our country, equating the courts with the administrative and other departments. Especially before the implementation of the Judges Law, the selection of judges has almost no special requirements with other organs, resulting in some Those who have adapted to the work of the court have entered the work of the court. Although they have long-term training and education, there are still a number of court staff with low legal theory. Those who lack modern judicial concepts remain in the court team. The problem of unfair and inefficient is long-term. The lack of radical cure has seriously affected the social credibility of the courts and judges. As far as the Tonghai Court is concerned, there are 43 existing police officers and only 2 legal undergraduates who graduate from formal colleges. The other 41 people have entered the court after graduating from high school, and some are graduates of junior colleges and junior colleges majoring in chemistry, accounting, textiles, etc. They did not go through the law without studying the theory of law. These people studied while working and obtained diplomas and undergraduate diplomas by participating in law amateur universities, party school law majors, correspondence, self-study exams and other learning methods. There are also 22 people attending correspondence studies in law and undergraduate studies. Today, when diplomas are spammed, there are very few people whose diplomas are commensurate with the level. This year, 12 people from colleges and universities with a college degree or above attended the National Unified Judicial Examination. As a result, only one passed the examination, which is an example. On the one hand, there is a serious shortage of judges, and on the other hand, there are a large number of people who have diplomas but are unable to obtain judges through judicial examinations. An effective way to resolve this contradiction is to strengthen the professionalization of judges.
The team building work meeting held by the Supreme Court and the Provincial Court clearly stated that the main task of the construction of the court team for a long period of time now and for a long time is to hold high the great banner of Deng Xiaoping Theory and take the important idea of ​​“xxxx” as a guide and conscientiously implement it. The Judges Law, vigorously strengthen the professional construction of judges, and strive to create a team of judges with strong political integrity, professional proficiency, strict discipline, good work style and high moral character, to promote the reform and opening up and society for the full realization of the theme of "justice and efficiency" in the century. Modernization of the doctrine provides a strong organizational guarantee.
Second, the connotation of the professionalization of judges and the professionalization of judges, that is, judges to exercise the state's judicial power as a specialized occupation, and have a unique occupational awareness, professional skills, professional ethics and professional status.
Strengthen the professional consciousness of judges. Professional consciousness is an important part of the overall quality of judges. It is an important idea for judges to perform their duties according to law. It includes eight aspects of consciousness: First, it must have political awareness, overall situation awareness, and strong political acumen. Under the circumstances, the Party Central Committee has always maintained a high degree of consistency and obeyed the overall situation of the party and the state. The second is to have a sense of independence and neutrality in judgment, and to make judgments based on their own understanding of the law and judgment of the facts, without being influenced or interfered by the outside world. Third, we must have an awareness of equality, adhere to the principle of equality in applicable laws, and equally protect the legitimate rights and interests of the parties in accordance with the law. Fourth, we must have a sense of justice, adhere to the facts, take the law as the criterion, strictly abide by the open and fair judicial procedures, and ensure judicial justice. The fifth is to be efficient, to perform judicial duties promptly and efficiently, and to establish the idea that "a late justice is unfair, a late justice is unjustness", resolutely eliminate the procrastination, and ensure that the case is concluded within the trial limit, so that the parties Get rid of the complaints as soon as possible, and protect the legitimate rights and interests in a timely manner. Sixth, we must have a sense of self-respect and a deep understanding of what we are engaged in is a noble and glorious cause, and consciously enhance the sacred sense of business and mission. Seventh, we must have a sense of judicial civilization, earnestly improve work style, respect judicial etiquette, and resolutely prevent and overcome the phenomenon of simple methods and rude attitudes. Eight is to have a sense of integrity, to be clean and water-like, to be upright, law enforcement is like a mountain.
In the judge's professional consciousness, the sense of justice is the core, the justice is the life of the judge, the basis of the image of the court, the loss of the justice judge will have nothing, and the judgment made by the fair court will have no credibility.
Improve the professional skills of judges. The basic duty of the judge is to achieve social justice through the trial work “fixing the dispute”. A qualified judge should not only have a profound legal foundation and rich experience in social life, but must also have the ability to master the trial activities. With the continuous introduction of new laws and regulations, the degree of specialization of trial work is getting higher and higher. It is impossible for judges to understand the theory and practice of all trials. Therefore, it is necessary to carry out the specialized division of labor for trial work and focus on cultivating judges in different positions. In order to skillfully use the law to hear cases and resolve disputes.
Develop the professional ethics of judges. Good professional ethics is an important condition for maintaining judicial justice and establishing judicial authority. It is reasonable to say that if a judge handles a case, as long as it strictly abides by the provisions of the program law and the substantive law and excludes the influence of his own ability factors, there should be no problem of judicial injustice. But now that we are guaranteeing justice, there are countless rules and regulations within the court that require judges to comply. This is not to be counted. The judges also need to abide by the regulations of the discipline inspection commissions and supervisory departments at all levels. The clean government measures issued by party committees and governments at all levels also require judges to abide by them. The current regulations on integrity and trial discipline that judges must abide by can be compiled into one. This book, but the problem of injustice can't be eliminated. This shows that it is impossible to manage people by system alone. There are always loopholes in the system. The supervision and implementation of the system also makes us feel powerless. Therefore, the fundamental measure to ensure judicial justice is not the system, but the establishment of the judge's own concept of justice. We must follow the requirements of the Basic Rules for the Professional Ethics of Judges, and establish a sense of justice as the core content.

The officers strengthen their self-cultivation, constrain the activities outside the industry, abide by the judicial etiquette, maintain the integrity and integrity, and establish a professional image of truth-seeking, rigorous, straightforward, clean and civilized. Make the "fair and efficient" concept of justice a basic professionalism and character that every judge must possess, and become part of his life and soul. Let "justice" become a strong belief rooted in the heart of every judge. No matter what the circumstances, no one can take it or not. If you do something unfair, you will blame yourself and feel uneasy. You will have the feeling of selling your own conscience and personality. Only in this way can you solve the problem of judicial injustice.
Strengthen the professional security of judges. Improving the professional security system of judges is an important aspect of the construction of the judges. There are three main aspects: First, we must protect the professional power of judges. In order to exercise judicial power independently and impartially, judges must resolutely exclude the intervention of administrative organs, social groups and individuals, and eliminate interference from local and departmental protectionism. At the same time, it is necessary to put an end to the administrative intervention within the court and to implement the power of the collegial panel and the sole judge to make judgments on the case. Second, we must guarantee the professional status of judges. Once a judge has been appointed, it shall not be dismissed, demoted, dismissed or dismissed except for a normal cause, not a statutory cause, without a statutory procedure. Third, it is necessary to protect the professional income of judges, gradually improve the treatment of judges, and through the treatment of their interests, to achieve the purpose of their status, in order to enhance the attractiveness of the judge's profession, and the honor of the official occupation.
III. Effective measures to promote the professionalization of judges The professionalization of judges is a basic feature of the modern rule of law, a symbol and an inevitable result of judicial civilization, an objective need to realize the basic strategy of governing the country according to law, an inherent requirement of trial work, and a people. The new situation and the urgent demands of the new tasks facing the court are the key to achieving the century theme of "justice and efficiency." According to the characteristics of the trial work and the professional characteristics of the judges, the professionalization of the judges should adopt a series of measures to cultivate the professional qualities of the judges and improve the overall quality of the judges.
Dean Xiao Yang of the Supreme Court and Dean Zhao Shijie of the Provincial Court clearly pointed out in the work of the court team construction that in the entire system engineering of the professionalization of judges, it is necessary to determine the number of judges, the judges’ assistants, the judges’ system, etc. Establish a strict professional access system; improve the continuing education system and improve the quality of judges; establish a professional security system to ensure that judges independently exercise their functions and powers according to law; establish a unified professional ethics and judges, supervision and control mechanisms to ensure judicial integrity and justice . Mainly from seven aspects to improve the professional quality of judges.
Reform the selection system for judges. First, we must select judges from among those who pass the national judicial examination in strict accordance with the standards stipulated in the Judges Law. In-service judges who have not obtained a bachelor's degree within the prescribed time limit are excused from their judges in accordance with legal procedures. Second, gradually implement the system of selection of judges. Under the premise of determining the quota of legal officials, when there is a vacancy in the position of a judge in a higher court, the judges of the lower court may choose the preferred one. The judges employed by the higher courts gradually implement the work of the primary courts first, and then select them to work in the higher courts according to their own qualities and work performance, so that the judges of the higher courts have sufficient experience to accumulate.
The court leading cadres shall be selected in strict accordance with the requirements of the Judges Law. The leading cadre of the court is first and foremost a judge. He must have higher professional qualifications than the ordinary judge. At the same time, he is also the manager of the judge. He must have strong leadership, management ability and innovative spirit of pioneering.
Implement the legal officer quota system. In China, people are accustomed to believe that as long as the people working in the courts are judges, the fact is not the case. Now there are more than 300,000 court police officers in the country. Only 150,000 people are actually engaged in trial work, accounting for two-thirds of the number of judges. There are many courts that do not reach this ratio. As far as the Tonghai Court is concerned, there are 43 existing police officers and only 23 judges. In addition to the 4 leaders of the hospital and 2 people engaged in logistics, only 17 of them are in the trial position, accounting for only 4 points of the total number of police officers. One more. The vast majority of people are engaged in auxiliary work related to trials. Therefore, within the current establishment, the number of legal officials is determined, the number of judges is reduced, the ranks of judges are further optimized, and the outstanding talents of the existing judges are selected to take up the heavy responsibility of exercising judicial power. At the same time as the implementation of the legal officer quota system, the judge assistant system, the clerk, and the judicial police are separately managed. All the auxiliary work undertaken by the judges in connection with the trial will be separated, and will be undertaken by the assistants of the judges, the clerk, and the judicial police. The only job of the judge is to concentrate on researching the case, hearing the case, and constantly improving the judicial level to become an expert judge.
Implement a system of judge assistants. In the implementation of the legal officer quota system, some of the existing judges of the court will be listed as assistant judges. The assistant to the judge is not a judge. He is a support person in the trial business and has no jurisdiction. The purpose of setting up the assistants of judges is to rationalize the responsibilities of the trial work, rationalize the relationship between the court judges and other types of trial support personnel, and ensure the trial of the judges' special cases, so as to realize the rational allocation of judicial resources and improve the quality of trials. effectiveness.
Implement a separate series of management of the clerk. This is another supporting system for the professionalization of judges. For a long time, the clerk has generally become the ladder of judges. With the development of the situation, the majority of the staff of the court to add and fill the court work are undergraduates who graduated from law schools, and some are master students. Their theoretical foundations of law are solid. If you follow the appointing procedure of a clerk and a judge later, many excellent judges will work for a few years of simple and heavy clerk work, and their legal theory knowledge will not be fully utilized. Potential business capabilities are not being realized, and limited human resources are wasted. The implementation of the clerk's separate sequence management, clear the clerk is the identity of the trial affairs support staff, and the construction of a stable clerk team is conducive to the smooth conduct of the trial work.
Reform the training system for current judges. It is necessary to gradually realize the transformation from knowledge-based training to capacity-based training, from the popularized training to the specialized training, from the temporary training to the standardized training. Judge training should implement the principle of linking theory with practice, focusing on the practical application of theory, focusing on improving the ability of judges to use theoretical analysis to solve problems and solve problems.
Reform the disciplinary system of judges. It is necessary to fully implement the provisions on disciplinary measures for judges, establish and improve the norms of trial conduct and trial discipline, and improve the procedures that can seriously investigate and deal with judges' violations of laws and regulations and fully protect the rights of judges.
4. The general idea and main measures taken by the Tonghai Court to promote the professionalization of judges.
general idea.
The professionalization of judges is to divide the composition of the ranks of court cadres into judges, assistant judges, clerk, and judicial police. According to their responsibilities, they are classified and managed according to different standards and methods. Among them, the judge is the core, the person who directly exercises the state's judicial power, and the other personnel are the assistants who serve the judge's trial work. The selection, appointment and management of judges should be different from other personnel, with high standards and strict requirements. judge

The goal of professional construction is to create a team of high-quality professional judges. In order to achieve this goal, it is a prerequisite to improve the overall quality of judges. Each court must have a certain number of highly qualified judges to exercise the judicial powers conferred by the state. Only in this way can we ensure judicial justice and improve judicial efficiency, so as to safeguard the people's court decisions. Credibility.
It is necessary to create a high-quality professional judge team, to implement the legal officer quota system, the judge assistant system, and to implement the system of the clerk and the police police series. In this series of systems, the legal officer quota is the key. Only by implementing the legal officer quota system can the number of judges be substantially reduced to ensure that the judges in each court are composed of the best people in the court. After the elite and professionalization of the judges' team is determined through the post system, it is imperative to implement the "relatively high salary system" of judges. Only "thickness and treatment, long-term status" can maintain the honor of the official, enhance the appeal of the judge's profession, and enable a large number of outstanding legal talents to actively participate in the competition of the judge's profession. Only fierce competition can select outstanding judges. Judging from the current situation, due to the low professional income of the judges, some of the outstanding talents that the court has spent a lot of money and energy to cultivate have left the court to work as lawyers or business. The court needs to absorb the outstanding legal talents and is reluctant to enter the court. In recent years, in order to improve the quality of the judges, the Supreme Court and other local courts have publicly recruited highly qualified personnel to be judges in the society, but the applicants are few and far between. Some courts did not even register. The reason is that the quality of the judge is high, the judge's work is hard, the responsibility is large, and the judge is strict, but the judge's income is very small, and the judge profession is not attractive to high-quality people. If the judge's living conditions are not improved as soon as possible, the ranks of the judges will be limited to the embarrassing situation of no one else. The goal of the professionalization of judges will be an empty talk.
The main measures of the Tonghai court to promote the professionalization of judges.
According to the spirit of the National Court Building Conference, the professionalization of judges in Tonghai Court, with the core content of the implementation of the legal officer system, strives to create a career with political firmness, professional proficiency, rigorous style, high morality, clean and civilized, and justice. The ranks of the judges. Specifically take the following measures to achieve this goal:
First, according to the number and increment of cases accepted by our hospital in recent years, combined with the current number of judges and quality, to ensure fair, efficient and comprehensive completion of various trial tasks, among the staff with judge qualifications in the whole hospital, select A total of 7-8 presiding judges with relatively high quality are responsible for hearing the litigation cases of the whole court. Other unselected judges and a part of the current clerk are listed as assistants to the judges. With the institutional reform of the county editorial committee to determine the cause of the court, recruiting a group of relatively high-quality personnel as a full-time clerk. In addition to the existing police officers in the court, the judicial police all employ temporary police officers from the society.
Second, the selection and appointment of the presiding judge. The presiding judge must be the best judge of the hospital, and must be selected and used well. The project will organize five exams in 4-5 months, and will be confirmed according to the overall score. The five exams are:
1. Business quality examination. According to the three major trial tasks of the people's court, the presiding judge is divided into three categories: the criminal presiding judge, the civil presiding judge, and the administrative presiding judge, and the content and scope of the examination are determined by this. The criminal presiding judge mainly examines the Criminal Law, the Criminal Procedure Law and related judicial interpretations; the civil trial judge mainly examines the General Principles of the Civil Law, the Marriage Law, the Contract Law, the Inheritance Law, the Civil Procedure Law and related Judicial interpretation. The administrative presiding judge mainly examines the Administrative Law, the State Compensation Law, the Administrative Litigation Law and related judicial interpretations.
2. Logic thinking and verbal ability test. Collect a number of questions, including case, politics, diplomacy, cultural entertainment, colleagues, superior and subordinate relations, marriage and family, ethics and so on. After the candidates have drawn lots, consider taking 5 minutes and present their opinions on the issue. The appraisal team made a comprehensive evaluation of the tester's thinking agility, social life experience, logical thinking ability and verbal ability.
3. The court trial ability test. A part of the cases accepted by the court will be selected, and the candidates will be heard in court and publicly pronounced in court. Foreign court judges, local people's congress deputies, lawyers, parties who have gone to court in the courts, and the general public as examiners may be invited, and the courts will be terminated. Their corresponding trials will preside over the court's ability, trial skills, appeal, and language expression. Judging the comprehensive qualities such as ability.
4, the official document writing ability test. The presiding judge must have basic research and research skills and writing skills. The content is determined as a work report, a work summary or a work plan, and is assessed by the candidate after the lottery is finalized.
5, the referee writing ability test. The verdict is the final manifestation of the results of the trial activities, and the excellent judgment can effectively reflect the trial process of the case. The impartiality of the trial activities, the facts of the determination, and the incontrovertibility of the applicable law can be fully reflected in the judgment. Skilled production of judgments is an essential quality for the presiding judge. One day can be used to test the production ability of the three judgments:
1) Select a case with complicated case and facts and applicable law disputes to produce a judgment;
2) Select a case with complicated case, but the facts and applicable laws are not controversial, and produce a judgment;
3) Select a case with simple case, facts and applicable laws without controversy, and make a judgment.
Through the comprehensive scores of the above three judgments, as the basis for assessing the candidate's ability to make judgments.
Through the above five exams, the overall quality of the candidate can be basically reflected, and the winner will be identified as the presiding judge of the hospital.
The duties of the presiding judge After the appointment of the presiding judge, more than 1,000 criminal, civil and administrative litigation cases accepted by the court are handled by the presiding judge. Their duties are only responsible for presiding over the trial and making a judgment. The adjunct work related to the trial, such as delivery, notification of the parties, investigation and evidence collection, property preservation, records, the detainee's offense, and the court, are all completed by the judge's assistant, the clerk, and the bailiff to ensure that the presiding judge has sufficient energy and time. To judge and judge each case.
The treatment of the presiding judge Since the presiding judge is the best judge of the court, they have a heavy responsibility, high quality requirements, and strict management. They must implement the policy of “thick treatment and long-term status” to implement this system. The plan implements the “relatively high salary system” of the presiding judge to ensure implementation. The specific plan is that the person appointed as the presiding judge will be paid an annual salary of 30,000 yuan. In addition to the various wages that the state is trying to issue, less than 30,000 will be partially replenished with the return of the court’s financial fees. At the same time, the “Measures for Rewarding and Punishing the Quality Management of Cases” that have been implemented in our hospital will be revised, and the quality of the case of the presiding judge and the quality of work of other personnel will be reviewed monthly for reward and punishment. Linking relatively high salaries to the quality of the case, and

The judge’s responsibility for work is linked to the continuous improvement of the judge’s business ability.
The presiding judge will be able to take the test for three years. Upon the expiration of the re-examination, he was reduced to a judge assistant. Other judges who have obtained the qualifications of judges and the last judge who has not been admitted to the presiding judge will be re-examined. The winners of the results will be appointed as the trial judges to perform the duties of the presiding judge and enjoy the treatment of the presiding judge. In this way, the routine of arranging the ranks of the ranks, the once-in-a-lifetime, the hard-working, the hard-working, the harder, the harder, the harder, the harder, the harder, the harder, the harder, the harder, the harder, the harder, the harder, the harder, the harder, the harder The road to realize its own value. Ensure that the judges of the Tonghai Court are always full of vitality and vitality, and the professional construction of judges can keep pace with the advance of the times.
V. System Guarantee After the above plans are submitted to the county party committee and the government for approval, our institute will formulate the “Detailed Rules for the Implementation of the Tonghai Court Law Officials System” according to the plan, and submit it to the Standing Committee of the County People’s Congress for discussion and approval to ensure its relative stability. Implementation.