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. 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. We should seize the favorable opportunity for the reform of classified management of court personnel, 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 Shandong Court Registrar Recruitment Center believes that substantial progress should be made in reforming and perfecting the court clerk system in China in implementing the separate job sequence of court clerks:
Judging from the nature of their work, court clerks mainly assist judges or executives in judicial assistance related to judicial enforcement activities. As far as the judicial execution business is concerned, the work of court clerks has obvious Subsidiarity and serviceability. The clerks should work under the command of judges and executives. However, court clerks should maintain their independence in carrying out their work, and they have equal legal status with judges and other court staff.
Although the duty of the clerk is to serve and assist the judges and other personnel in the execution of the trial, the clerk is not subordinate to the judges and other personnel. There is only a different division of labor among the judges, the executive and the clerk, and there is no relationship between the leader and the leader. For example, when performing court record duties, the clerk should fully and accurately reflect the basic situation of the trial, independently record the process and results of the trial, rather than arbitrarily change the content of court record according to the will of the judge. In this way, the power restriction relationship between the judge and the clerk can be formed, which is conducive to the realization of a fair trial and Adjudication of the case. As a result, court clerks are basically regarded as court staff with a separate job sequence in all countries and regions of the world, and enjoy the official staffing of the state. In Britain, the United States, Germany, Japan, Taiwan and other countries and regions, court clerks are called clerks in order to maintain the relative independence of the same judges.
In the reform of the court clerk system in our country, we should implement a separate sequence of clerk's duties and stipulate that clerks shall enjoy the treatment of national civil servants. The author suggests that we should consider taking advantage of the rare opportunity of the current reform of court personnel classification, dividing court staff into different categories such as judges, executive officers, clerks, judicial police officers and clerks, and implementing different job sequence management models for them.
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