My great concern is that such exceptions could become a common practice, or the legal requirements for judges may be laid aside and ignored in practice. The fact that the 1995 Judges Law has not been implemented in many local courts has proved that such worry is not unfounded.8 In fact, even today, people who do not possess judge’s qualifications can still be appointed as judges, even as presidents of courts. As a result, the professionalization of judges seems to be an endless process. What are the reasons behind this phenomenon?
Here we can see once again that judicial reform should not be limited to the area of administration of justice. As has been mentioned before, under the current system, the power of appointment and removal of judicial personnel does not lie entirely in the hands of the court. By taking advantage of their power of arrangement of personnel in the court, local partyParty committees and governments can assign unqualified persons to judgeships against the will of the court. Meanwhile, the assignment of demobilized army officials to judgeships has even become a so-called “political task” that the court may not resist.9
Another reform adopted during the revision of the Judges Law and Procurators Law, namely the establishment of a system of uniform barjudicial examination, may contribute to the improvement of the practice of selection and appointment of judges and procurators. According to the revised Judges Law, Prosecutors Law and Lawyers Law, only those who have passed the uniform bar judicial examination can enter the above three legal professions. This reform, if it can can be be truly implemented in practice, will certainly raise the threshold of the court. It will not only improve the quality of the three kinds of judicial personnel, but also contribute to the formation of a contingent of legal professionals and to the achievement of the uniformity of law through the administration of justice.
The Court Management System
Here, the court management system refers to the internal organizational structure of the court and the rationalization of its power, the safeguarding of the independent status of judges and the adjustment of relations between courts at different levels. The key issue of this system is the independence of the judge. In recently years, the Supreme People’s Court has carried out several reforms in that direction. For example, it abolished the Economic Adjudication Division, a division of the Court parallel to the Civil Adjudication Division, established a system for the selection and appointment of chief judges to give greater independence to judges with higher qualifications, and separated judges’ rank from that of court clerks. However, these reform measures have failed to touch upon some of the systems that are apparently administrative in nature, most prominently the system of adjudicatory committee, which have been implemented in China for a long period of time.
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