Establishing and improving the Chinese characteristics judge position management system
Member of the Party Leadership Group of the Supreme People's Court and Director of the Political Department
Ma Shizhong
General Secretary Xi Jinping pointed out that it is crucial to comprehensively promote the rule of law and build a high-quality legal team with both ability and political integrity. As an important force in the rule of law team, people's judges play an important role in promoting the construction of rule of law in China. The key to strengthening the construction of the judge team in the new era is to establish and improve a judge's job management system that conforms to the characteristics of judges' profession and reflects the rules of trial work. The new Judges Law stipulates that "judges shall be managed by independent job sequences." In March 2022, the "Regulations on the Sequence of Individual Positions of Judges" were issued and implemented, marking the basic finalization and continuous development and improvement of the judge's position management system with Chinese characteristics. Deeply understanding the core essence of the separate job sequence of judges, accurately grasping and steadily promoting the management of separate job sequences of judges is of great significance to comprehensively improving the professional level of judges and building a team of high-quality judges with both ability and political integrity.
Implementing a separate job sequence is the only way to professionalize judges
General Secretary Xi Jinping pointed out that judicial activities have special nature and rules, judicial power is the right to judge and adjudicate on the facts and laws of the case, requiring judicial personnel to have corresponding practices experience and social experience, and have good legal professionalism and judicial professional ethics. This provides the general basis and general compliance for this round of reform of the judge management system. In October 2015, the Central Organization Department, the Central Political and Legal Affairs Commission, the Supreme People's Court, and the Supreme People's Procuratorate jointly issued the "Pilot Plan for the Reform of Separate Position Sequences for Judges and Prosecutors", kicking off the reform of separate job sequences. the prologue. Courts across the country adhere to the work philosophy of "pilot first, step-by-step advancement, and system integration" and actively and steadily promote the implementation of various reform tasks. About 128,000 judges have been included in the management of separate job sequences, and the promotion of judges' grades has been normalized, with continuous supporting benefits. Improvement, problems such as low rank, poor remuneration, narrow promotion channels, and low sense of professional honor for grassroots front-line judges have been effectively solved.
The implementation of separate job sequence management for judges that is different from other civil servants is determined by the inherent attributes of judicial power. According to our country's Constitution, the People's Court is the country's judicial organ and independently exercises judicial power in accordance with the law. Judicial power has characteristics different from administrative power. Administrative power is essentially management power, and the relationship between superior and subordinate administrative officials is that of leader and led. Judicial power is the right to judge the facts of the case and the applicable law. It has the characteristics of personal experience. It requires the judge to use direct speech as the main way of personal experience, to use court hearings as the main place of personal experience, to personally review the evidence materials submitted by the parties, and to personally listen to All parties present statements, evidence, cross-examination, and debate; the judicial power has the characteristics of neutrality, requiring judges to avoid partial hearing and partial belief, treat the original defendant and the prosecution and defense impartially, and make an objective and fair ruling; the judicial power has the characteristics of finality. The principle of final judicial settlement is applied to disputes. Once the judge makes an effective judgment, ruling or decision, the dispute should be finally resolved or settled legally, and in principle, it will no longer be considered. Judges have an equal relationship within the trial organization and pay attention to the obedience of the minority. most. The important characteristics of judicial power require a management model for judges that is different from that of other civil servants.
The implementation of separate job sequence management for judges is different from other civil servants, which is determined by the professional characteristics of judges. my country's current Civil Servant Law divides civil servant positions into three categories: comprehensive management, professional and technical and administrative law enforcement, and clarifies that judges belong to the scope of civil servants. For a long time, our country has managed judges according to the comprehensive management category of civil servants and implemented a management model that is basically the same as that of other civil servants. There are no obvious differences in terms of appointment and removal conditions, rank promotions, performance appraisals, career security, etc. Administrative management is implemented, and the actual performance among judges There is a superior-subordinate relationship. This management system is not conducive to the equal exercise of judicial power by judges, and is not in line with the professional characteristics of judges and the rules of judicial work.In terms of the nature, conditions, characteristics and management of the position, the position of judge is different from any of the three position categories stipulated in the Civil Service Law. The judge's grade mainly represents the depth of professional qualifications and does not mean the level. When judges of different levels exercise jurisdiction over the same case, they have equal power and share responsibilities. There is no phenomenon of "whoever has a higher level shall review and approve the case". Therefore, in order to ensure judicial fairness, we should promote the decoupling of judge levels and administrative ranks and establish a separate job sequence for judges based on the professional characteristics of judges.
Accurately grasp the core characteristics of the management of separate job sequences for judges
The management of separate job sequences for judges adheres to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, upholds and strengthens the Partyâs overall leadership over the Peopleâs Court team, and thoroughly implements the Partyâs organizational line for the new era and cadre work policy, always put political standards first, and effectively implement the principles of party management of cadres, career first, fairness and decency, strict management and love, and tilting to the grassroots front line throughout all aspects of job management, in the setting of grades, promotion and promotion of grades , assessment and punishment and salary system and other aspects "make judges more like judges."
First, it highlights the characteristics of the judicial profession. The core requirement of the reform of the judicial accountability system is to "let the judge judge and the judge be responsible", promote the return of judicial power to the standard, establish the judge's main role in handling cases, ensure that judges exercise their case-handling powers in accordance with the law, and do not allocate judicial power based on job rank . Before the reform, the main basis for determining the grade of judges was the administrative rank, which strengthened the administrative tendency in the management of judges and was not conducive to the equal exercise of judicial power by judges. To this end, judgesâ individual job ranks are decoupled from administrative ranks and no longer correspond one-to-one with other civil servant job ranks. The superior-subordinate relationship between judges is not determined based on their rank, and there is no such thing as a high-level judge leading a lower-level judge. question. In terms of judge promotion methods, as long as judges at all levels of courts perform their duties conscientiously, even if they do not hold leadership positions, they can be promoted to a certain level step by step according to their years of service. Those who are particularly outstanding or have special needs for work can also be specially selected for promotion. This has changed the past situation where court cadres "crossed the single-plank bridge with thousands of troops and horses" and gathered together to compete for administrative positions.
Second, firmly establish a strong base orientation. At present, about 80% of the judges of the People's Court work at the grassroots level, and more than 80% of the cases are resolved at the grassroots level. With the advancement of the reform of the trial function positioning of the four-level courts, grassroots judges have heavier trial tasks and higher responsibility standards. Effectively motivating grassroots judges to start their own businesses is an important task of this round of judicial system reform, and it is also an important step to strengthen the professional construction of the judges. The point is. The individual job sequence of judges is based on the training, training and growth of judges at the grassroots level. It insists on tilting the focus to courts below the intermediate level, greatly increasing the proportion of high-level judges in intermediate and grassroots courts, and setting the proportion of higher-level judges on a merit-based basis. The higher the proportion of lower-level courts, the better to ensure that outstanding talents can feel at ease and concentrate on their work at the grassroots level and on the front lines of handling cases. Courts at all levels implement proportional control over the number of judgesâ grades positions , and must ensure that a certain number are used in front-line case-handling positions. The special selection and promotion system also clearly stipulates that it only applies to judges in front-line case-handling positions. Individuals who have served in grassroots courts for a long time and whose work is particularly outstanding , Judges who have made outstanding contributions to the judicial cause can even break through the "ceiling" set by judge levels and be promoted to second-level senior judges, which greatly expands the career development space for grassroots judges.
Third, focus on connecting with reforms such as the quota system. The reform of the separate job sequence of judges is highly related and coupled with reform tasks such as the judge quota system and the judge salary system. As reform continues to advance, the "fragmented" reform carried out by individual soldiers cannot meet the needs of reform. We must rely on systematic thinking, an overall vision, and the wisdom of collaborative operations to remove fetters, clear obstacles, and provide guidance for reform and development. direction. If the post system reform mainly solves the problem of who can become judges, then the job sequence reform alone needs to solve the problem of how to manage the personnel who enter the judge position.To this end, the individual job sequence of judges comprehensively regulates the establishment, promotion and promotion of judge levels, as well as the management and supervision of judges. After the level of judges is decoupled from the administrative level of civil servants, we will inevitably face the urgent problem of how to determine the standards for judgesâ salaries and various benefits. To this end, this round of judicial system reform has redesigned and adjusted the judge's salary system, newly established performance appraisal bonuses, and with the strong support of relevant central departments, a comprehensive system including travel, housing, medical care, and official transportation subsidies has been established. As well as supporting benefit policy systems including pension insurance, reform dividends continue to be released, and judgesâ sense of gain from reform continues to increase.
Actively and steadily promote the judgeâs job management system to become more mature and final.
The establishment and improvement of any system cannot be achieved overnight. The reform of the separate job sequence of judges is a systematic and complex project. The promulgation of the "Regulations on the Separate Job Sequence of Judges" has laid a policy foundation for promoting the maturity and finalization of the judge's job management system. The next step is to strengthen the system integration and comprehensive supporting of judges' separate job sequences, improve relevant systems and mechanisms, form a synergy for reform, and further release the effectiveness of reform.
It is necessary to accurately grasp the requirements for judgesâ promotion and downgrade. The individual job sequence of judges is the hierarchical sequence of judges, which comprehensively reflects the judgesâ political qualities, case-handling abilities, qualifications and contributions, etc. This round of judicial system reform adopts a promotion method that combines regular promotion, merit-based promotion, and special selection promotion for judges. We must continue to adhere to this reform spirit. It is necessary to highlight the examination of the political quality of judges. The People's Court is first of all a political organ, and the first identity of judges is party members and cadres. Political quality must be given top priority during job promotion, and their political stance, political attitude, political awareness, political judgment, political understanding, and Political execution ability ensures that candidates for promotion are reliable, competent and trustworthy. Pay attention to the performance of judgesâ work. Enforcing the law and handling cases is the judge's job and the foundation of his career. It is necessary to firmly adhere to the performance orientation, improve the performance appraisal system for judges based on classification and classification, provide a scientific and convincing performance basis for judges to be promoted to different levels, fundamentally eliminate the misunderstanding that promotion must be achieved after reaching the minimum number of years of service, and resolutely avoid simply ranking based on seniority based on the number of years of service. , reflecting the correct employment orientation. It is necessary to realize the ability of judges to move up or down. The individual job sequence and level of judges is a comprehensive reflection of their ability, quality, style, etc., and should become a two-way street of "the capable ones go up and the mediocre ones go down." It is necessary to strengthen the management and supervision of the promotion and promotion of judges. While giving full play to the incentives and incentives for promotion, we must conscientiously implement the requirements for strict party governance and strict management, and treat those who are weak, incompetent, and have violated disciplines and laws. If a judge is not promoted or downgraded, and if the circumstances are serious and he or she is not suitable for continuing to serve as a judge, he or she should be cleared and withdrawn from the position of judge in a timely manner, and those who do not meet the conditions for promotion or appointment as a judge should be resolutely kept out.
It is necessary to improve the judgeâs job sequence, transfer and grading system. How to determine the grade of a newly appointed judge and how to determine the grade of a judge when he is transferred to another civil servant are important issues that all parties are paying attention to in the reform of the individual job sequence of judges. In this regard, we must first firmly adhere to the direction of reform. Judges face grading problems when they first take office and communicate with each other. Fundamentally speaking, this is because a separate job sequence is implemented for the judges group that is different from other civil servants. The judge's grade no longer corresponds to the leadership position and rank levels of civil servants. This has changed the way judges were managed according to administrative ranks before this round of reform. Some places have not yet fully adapted to this policy adjustment and are still accustomed to applying it according to the administrative ranks before the reform. They even hope to combine the judgeâs rank with the administrative Correspond to the specific ranks. This is obviously not in line with the professional characteristics of judges and the inherent requirements of trial work. It is even more of a waste of time to restore the corresponding relationship with ranks in order to facilitate the grading operation. We must have a clear understanding of this, always firmly adhere to the direction of reform of the separate job sequence of judges, and must not reverse the course or go back. On the other hand, it is necessary to comprehensively grasp the factors considered when grading.Whether it is the grading of a judge's assistant for his initial appointment or the grading of a judge when he is transferred to another civil servant, it is essentially a matter of conversion between different job sequences. It is necessary to pay attention to the overall planning and control based on the job rank, moral performance, qualifications, work experience, etc., comprehensively reflect the political quality, case-handling ability, seniority contribution, etc. of the relevant personnel, stabilize the career development expectations of cadres, and effectively avoid excessive adjustment of the gap.
It is necessary to scientifically grasp the conditions for the selection and appointment of leading cadres. The selection of court leading cadres according to the level of judges is an important part of the individual job sequence of judges. It is necessary to select and strengthen middle-level court cadres. The president and deputy presidents occupy key positions in the court and are the first step for judges to grow into court leaders. It is necessary to comprehensively consider the judge's grade structure, age structure, academic structure, etc., further strengthen the selection of middle-level cadres from young judges with lower judges' ranks, and ensure that the proportion of young judges among middle-level cadres in people's courts at all levels is based on the existing basis. Achieve substantial improvements. It is necessary to select the best and strengthen the court leadership team. Members of the leadership team are the "key minority" among the cadres of the People's Court. It is necessary to focus on the senior, middle-aged and young people's staffing of the leadership team of the People's Court, give full play to the role of cadres in coordinating management, organically connect the promotion of judges with the needs of the leadership team, and provide sufficient leadership talent reserves for the reform and development of the People's Court in the new era. It is necessary to open communication channels for court cadres. After the implementation of classified management of judicial personnel, the communication mechanism of some court cadres is not smooth enough, and the training path for comprehensive talents has been narrowed. Problems such as this have become prominent. The individual job sequence of judges is the "source of living water" that stimulates the vitality of the judge team and should not become an institutional barrier that hinders exchanges between various personnel. It is necessary to increase the intensity of cadre rotation exchanges, orderly promote cross-department, cross-level, cross-regional, and cross-system exchanges and training of judges, and actively promote two-way exchanges between trial business department and comprehensive department cadres. Comprehensive department leading cadres must go to trial business due to work needs. Those who hold leadership positions in departments may be appointed to relevant legal positions in accordance with legal procedures.
It is necessary to continuously improve the professional security mechanism for judges. According to the principle of the unity of rights, responsibilities and interests, judges, as referees who decide the outcome and settle disputes, must constrain their professional powers through the judicial accountability system. They must also be respected and trusted by the parties, appropriately improve their political and economic treatment, and improve Its career and life security can make judges more neutral, more detached, and more fair in their rulings. The individual job sequence of judges is an important basis for implementing judge management and determining judges' salaries, housing, medical care and other benefits. In 2019, the newly revised Judges Law specifically made systematic provisions for improving the professional security of judges, which provides a legal basis for further related work. It is necessary to strictly implement the requirements of the Judges' Law, implement a judge's salary system that is consistent with the judges' responsibilities, and fully implement the judges' separate job sequence supporting treatment policies to ensure that judges feel safe, responsible, and secure in their careers. It is necessary to improve the organizational structure of the Committee for the Protection of the Rights and Interests of Judges, improve the protection mechanism for judges to perform their duties in accordance with the law, establish an exemption system for judges to perform their duties in accordance with the law and a clarification system for false reports, and provide strong organizational and institutional guarantees for judges to perform their duties in accordance with the law. It is necessary to increase the personal safety protection of judges, improve the communication and linkage mechanism with relevant departments, improve the personal safety protection measures of judges and their close relatives, conduct timely training on the personal safety and rights protection of judges, and effectively enhance the risk prevention awareness and response capabilities of judges. .
Source: People's Court Report
Author: Ma Shizhong
Editor: Li Xuan
