Court clerks are an indispensable working group in the ranks of people's courts. The court clerk system is an important part of the court system established by relevant laws and normative documents in our country. The Organic Law of the People's Court stipulates that courts at all levels shall have clerks to record the work of the trial tribunals and handle other matters related to the trial. Our country's relevant procedural law also stipulates the basic duties of the clerk. However, with the acceleration of the construction of the rule of law and the continuous advancement of the judicial reform of the people's courts, the court clerk system can not fully meet the requirements of the development of the people's judicial cause. The recruitment of court clerks in Shandong Province holds that we should seize the favorable opportunity for the reform of classified management of court clerks, further improve and perfect the system and mechanism of court clerks, and form a regular, professional and professional court clerk team as soon as possible.
The author believes that substantial progress should be made in improving the mechanism of selecting and appointing court clerks in reforming and perfecting the court clerk system in China.
The selection mechanism of court clerks should meet the actual needs of the judicial functions of the people's courts and meet the inherent requirements of the clerk profession. The duties of court clerks in judicial activities are different from those of judges, court executives and other court staff. Therefore, it is necessary to establish a separate mechanism for the appointment of court clerks to distinguish the conditions and procedures for the appointment of court clerks from the appointment of judges and other court staff.
From the perspective of the international community, as court clerk, it is generally required to have certain legal expertise, pass the professional qualification examination, and undergo specialized professional skills training. Legal knowledge + qualification examination + practical training is the basic way for foreign countries to select court clerks. China should learn from the common experience of other countries and regions to further improve the mechanism of selecting and appointing clerks. Court clerks should receive formal legal education, but their professional qualifications should be lower than those of judges. As a court clerk, you only need to master the basic legal knowledge commonly used in judicial practice, and have the legal professional degree of the Higher Political Court School.
Judge clerks do not need to pass the national judicial examination to qualify for the national judicial examination. However, there should be a system of qualification examination for court clerks (the clerks of courts and procuratorates can implement a unified qualification examination system), and they must obtain the certificate of qualification examination for court clerks. At the same time, a unified training system for court clerks throughout the country should be established. Candidates who pass the qualification examination for clerks should receive vocational skills training. Only those who pass the examination can be appointed as full court clerks. This mechanism of selecting court clerks with unified academic qualifications, examinations and training can not only ensure that court clerks have high professional quality and professional ability, but also help to create a professional court clerk team.
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