According to the Judge Law

Article 14   Newly appointed judges adopt the methods of examination and assessment, and according to the standard of having both ability and political integrity, they select the best candidates from among those qualified for judges.
   The president of the people’s court shall have legal professional knowledge and legal professional experience. The vice-president and members of the adjudication committee shall be selected from among judges, prosecutors or other persons who have the qualifications for judges.
Therefore, the appointment is not illegal in terms of procedure. Is this kind of pioneering work a new breakthrough in the development of grassroots assistant positions?

The following is what I found. It seems that it is not the first time that Yongzhou, an assistant to the magistrate, has been promoted to vice president. [Hunan Yongzhou Judge’s Assistant Planned to Promote to the Vice President of the Court Was Punished for Giving Gifts for Violation of Discipline_Mobile NetEase] According to the “Organization Law of the People’s Court of the People’s Republic of China” Article 47 stipulates that the vice president and members of the adjudication committee shall be selected from among judges, prosecutors, or other persons who have the qualifications of judges and prosecutors. The duties, management and protection of judges are in accordance with the provisions of the “People’s Republic of China Judge Law”. Article 48: Under the guidance of judges, assistant judges of people’s courts are responsible for reviewing case materials and drafting legal documents and other auxiliary trials. Assistant judges who meet the qualifications for the appointment of judges can be appointed as judges in accordance with the procedures for appointment and removal of judges after selection. So can judge assistants be appointed as vice presidents? The answer is yes. Only one condition is required, and that is, to meet the qualifications of a judge, so what conditions do the judges need. According to Article 12 of the Judge Law, you must meet the following requirements: (1) Have the nationality of the People’s Republic of China; (2) Support the Constitution of the People’s Republic of China, support the leadership of the Communist Party of China and the socialist system; (3) Have good politics , Professional quality and ethical conduct; (4) have the physical conditions to perform duties normally; (5) have a bachelor’s degree or above in law from a regular college or university; or have a bachelor’s degree or above in an illegal college and obtain a law Master’s degree, master’s degree in law and above; or undergraduate degree or above in illegal studies in ordinary colleges and universities, obtained other corresponding degrees, and have professional knowledge of law; (6) Have been engaged in legal work for five years. Among them, those who have obtained a master’s degree in law, a master’s degree in law, or a doctorate degree in law can respectively relax the length of legal work to four or three years; (7) New judges should pass the national uniform legal professional qualification examination to obtain legal professional qualifications. Where there are real difficulties in applying the academic qualifications specified in Item 5 of the preceding paragraph, the Supreme People’s Court may, within a certain period of time, relax the qualifications for serving as a judge to be a bachelor’s degree from an institution of higher learning. So in general, this assistant judge can become a vice president, but it is not normal. Because having the qualifications for a judge does not mean that this condition must be met, this may become the official answer term of the relevant department, so that the relevant working years can be circumvented. The vice-president is a leadership position. It requires both professional and professional abilities to meet the requirements, as well as sufficient experience in case trials. It remains to be seen whether this Judge Liu is competent for this. However, I checked the Xiadao County Court just now and did not see the name of this judge. Instead, I saw the name of Liu Ting in the selection of assistant judges in the Lengshuitan District Court of Yongzhou.


By zhiwo

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7 months ago

The company next door will answer. The 32-year-old legal prosecutor’s young force has been enriched to the legal prosecutor’s leadership team. This situation will become the norm around 2022. This is just the beginning. I hope everyone will look at it rationally and gradually accept it. As an important link in the reform of the judicial system, the Provincial Party Committee Organization Department will optimize the age structure of legal inspection cadres after the legal inspection achieves the overall management of people, property and assets below the provincial level. Among them, there are two goals required to be achieved before 2023: one is to implement laws at the prefecture and city level. There is at least one deputy chief prosecutor and deputy chief under the age of 45 in the two procuratorates; second, there is at least one deputy chief prosecutor and deputy chief under the age of 35 in the two courts of the county and district grass-roots legal prosecution. The candidates determined by the two courts of the law and prosecution will be the key training targets for future chief prosecutors and deans, and reserve leading cadres for the two courts, so as to facilitate the optimization of the age structure of the main leaders of the law and prosecution in the future. If the system and the court do not have suitable candidates, talents with legal professional background from other agencies will be selected and appointed. This is an organizational policy. The two courts of law, procuratorate, and prosecutors must complete the political task before 2023. The purpose is to break the current prevalence of seniority in the law, prosecutorial, and prosecutors, leading to a general ageing structure of the leadership team, lack of vitality, and career development The qualified and professional judges and prosecutors are not suitable, and the effective means to optimize the age structure of the leadership team are promoted quickly and efficiently through organizational measures. The current legal and prosecution courts, especially the grassroots courts, generally suffer from serious age structures, and there are very few talent pools under the age of 35. The age of 35 in 2023 means that only those born after 1988 will be eligible for storage. From 1988 to 1992, they will become the key objects of storage, and they will quickly rise to the top for key training. At this age, the selection of judges and prosecutors for posts is limited to five years as an assistant, and the number of judges and prosecutors who can become post judges or prosecutors is very small. This explains why the assistant judges are appointed. As the vice president (In actual case handling, the ability to handle cases is not linked to the status of assistant prosecutors, assistant judges, post prosecutors, and post judges, but there are problems with qualifications). Therefore, at this age, taking into account multiple factors such as personal ability, professional level, current position, leadership evaluation, etc., very few meet the conditions, and if it is appropriate, it must be promoted quickly. However, if the legal inspection system fails to introduce suitable candidates through exceptional promotion, it will face external talents airborne and squeeze the position of its own leadership team. This is the result that the legal inspection team does not want to see. Therefore, in the next two years, the post-90s talents (including assistant prosecutors and assistant judges) of the two courts of law and procuratorate will be exceptionally promoted, quickly take up positions, enter the decision-making level, and serve as deputy chief prosecutors and deputy chiefs will no longer be news. Is becoming the norm. The peak you think is actually just the beginning.

7 months ago

At the age of 30, at the sub-division level, there are still three big buffs: ignorance, knowledge, and female. And no matter how you look at it, it’s the top grade in this life, and you may be able to get a deputy director-level salary when you retire, but you may not get the kind of deputy position that you can get. This is another dead end. The way out, at least has a senior 30-year-old deputy director. Then you have a chance to associate department. People’s BUFF is full of talents and sub-subjects, what can you turn to? Also consider that there are already 10+ people at the 30-year-old deputy department level, and there are also many people at the 34-year-old at the deputy department level. How did they cross the threshold? How many thresholds are there between the deputy department and the deputy department? As for this person, as long as public opinion is created, no one can find a reason to say that your organization has not been done well and that the candidate is not enough to convince the public.

7 months ago

Let me first declare that my undergraduate degree was in law, but after I graduated, I worked in an administrative agency and didn’t know enough about the two houses. The deputy section chief in 1991 is too common in administrative agencies. The chief section chief has also met and the deputy chief has heard of it. The work of the court is unique, but the president of the court also has an administrative rank. If he is not promoted in this way, there is no reserve cadre available. According to some people, the assistant will be admitted for 5 years, the president will be appointed as the president for 5 years, and the vice president will be appointed by the president for 5 years, and the leaders of both houses have master degrees. That 25+5+5+5 can only be the deputy dean of the grassroots hospital at the age of 40. At the very least, you must be in charge of criminal/civilian/administrative management once each round to be the dean, right? For a 45+ dean of a basic-level hospital, how old does it take to be the dean of a middle-level hospital? 55+ now. Where is the High Court? I’m going to retire. One step at a time, solid accumulation of experience will inevitably lead to the leadership being flooded with elderly people, or inter-departmental transfer of incomprehensible leaders. In order to avoid this phenomenon, knowing that young cadres are inexperienced, they can only boldly promote themselves, not having the best of both worlds.

7 months ago

Whoever reads this news and decides to be an assistant judge will definitely suffer a big loss. Because judges’ assistants serve as vice presidents of grassroots courts, how can members of ordinary non-leadership positions be promoted to leadership positions? It is possible that other government units have a large number of posts. It is normal for them to be competent at the age of 30. Then, as far as the court system is concerned, due to the limited number of posts and the closed system, it is actually very difficult for the deputy department. Judging from the situation around him, the vice president of the basic court has never been so young. Even if the higher courts go to the grassroots to train, they have never seen such a young person. At least another four or five years old can it be possible. Of course, what is controversial does not necessarily mean that the parties have no strength, nor does it mean that there must be problems in selecting and appointing people. As the so-called appointing people on their merits, one does not avoid relatives when one is held internally, and one does not avoid enemies when one is held outside. If the “comprehensive strength” is really good, then there is still room for the law. What everyone is worried about is that “X County Cadre” is staged again, especially when it comes to the courthouse where the bottom line of fairness and justice is involved, and the state’s public equipment is once again abused. Why do you say it again? Because Hunan Yongzhou had a similar incident in the past few years, he happened to be an assistant to the judge, and he also happened to be promoted to the vice president. As last time, the parties’ academic degrees, qualification certificates, and work history meet the promotion requirements. Assistant judge of Dao County Court, he himself joined the work in 2016, has a legal professional qualification certificate, graduated with a master of law, and meets the requirements for promotion to a judge after four years of work. In other words, he can be considered as “other persons qualified for judges” and is selected as The vice president of the basic court, the necessary conditions are met. Article 47 of the “Organization Law of the People’s Courts” Judges are selected from among those who have obtained legal professional qualifications and meet other conditions prescribed by law. New judges shall be reviewed by the judge selection committee for their professional competence. Judges of higher-level people’s courts are generally selected from among the judges of lower-level people’s courts. The dean shall have legal professional knowledge and legal professional experience. The vice president and members of the adjudication committee shall be selected from among judges, prosecutors or other persons who have the qualifications of judges and prosecutors. Article 14 of the “Judges Law” stipulates that new judges shall adopt examination and assessment methods, and according to the standard of having both ability and political integrity, candidates shall be selected from among those who have the qualifications for judges. The president of the people’s court shall have legal professional knowledge and legal professional experience. The vice-president and members of the adjudication committee shall be selected from among judges, prosecutors or other persons who have the qualifications for judges. Article 12  To serve as a judge, he must meet the following conditions:  (6) Have been engaged in legal work for five years. Among them, those who have obtained a master’s degree in law, a master’s degree in law, or a doctorate degree in law can respectively relax the length of legal work to four and three years; however, the public’s doubts are mainly about the adequacy conditions. A judge’s assistant who has just met the criteria for the selection of judges, a judge’s assistant who has never independently served as a presiding judge or judge, and a judge’s assistant who has graduated for less than five years. How can He De squeeze out other candidates and become the deputy of the court? Where is the position of the dean? The Dao County Court should not only consider how to appease the stability of the people in the court, but also give the public a reasonable explanation, because the vice-president of the court is not a pure job position, and the vice-president of the court is a national public instrument, which is about fairness. The public instrument of the bottom line of justice. I just checked the “Judgment Documents Net”. Since 2016, the assistant judges involved have been involved in handling 384 cases in Dao County Court as a clerk and assistant judge. Judging from the number of cases, it has also become a success. The possibility of an expert. I hope to have the opportunity to witness the extraordinary promotion and the true learning side. I hope it doesn’t end with accountability like last time.

7 months ago

The title is really good, and attention is indispensable. Judging from the information given, the comrade is already in his early 30s, and he is not young anymore. Does the vice president have to be a comrade in his 50s? The state now encourages the training of young cadres. From this perspective, it is normal. Of course, there is also a folklore, “It says that every grassroots team must have a young cadre born in 1985”. This has not been verified, and it is only heard. But from the side, young cadres have indeed received attention in recent years. The deputy dean of a grassroots court said that Po Datian only corresponds to the “director level”, and may still be treated at the “deputy level” for the time being. It is not a big leader. There may be the word “dean”, which sounds more like Is it big? According to the reform of the judicial system, the comrade’s fourth-level assistant judge corresponds to the previous “deputy section-level” treatment. With the distribution of reform dividends, the comrade can be promoted to the third level in a few years even if he is not appointed as the vice president. Assistant to Judge, Assistant to Judge. It can also be promoted to the “Faculty Level” treatment with the working years. If it had been in the Organization Department of the Municipal Party Committee and other departments, it might have been promoted to the “Professional level.” In the system, I have to say that the lesbian must be “excellent.” Why do you pay so much attention to this news? One is related to the eye-catching headlines of the media, and the other is the status quo. Look at yourself. There are so many people in both courts and courts. The veteran chief judge and judge, who are about 50 years old, have rich work experience and have done a good job with the masses, but they have not been promoted to vice-president. It cannot be said that they are not good enough. It can only be said that the existence of this status quo has caused some misunderstandings about the promotion of young cadres. It is hoped that the grassroots can implement the central government’s policies, and the promotion and appointment of young and outstanding cadres will become more standardized and become the norm. This situation is no longer rare, and naturally it will not arouse everyone’s surprise! Song Jiang Tangtang, an escort secretary, called himself a small official. For a deputy dean, everyone should not be so surprised. The comrade is in his prime and hopes to better serve the people in his position!

7 months ago

Judge assistants are not judges, and the nature of judge assistants is a judicial assistant. After the judicial reform implements the post system, judge assistants must be admitted in order to become a formal judge. Generally, assistant judges of basic courts need at least 5-8 years to be eligible for admission, and the premise is that there is a quota of post judges (old judges retired). As a leading cadre of the court, the vice-president of the court needs to be selected from the current senior judges, whether it is required for theoretical or practical literacy. In summary, the appointment of assistant judges directly as the vice president of the court is illegal, contrary to procedures, and even more difficult to convince the public.

7 months ago

Isn’t it just a minor subject? It’s normal. Now they have to go to the team to have a post-91 assistant department, and the city also requires a post-90s department. A woman who meets the conditions for her age and working years is very likely to be the only one in the hospital who can only promote her. What a normal thing.

7 months ago

Article 47 of the “Organization Law of the People’s Courts” stipulates that the vice presidents and members of the adjudication committee shall be selected from among judges, prosecutors, or other persons who have the qualifications of judges and prosecutors. Article 14 of the “Judges Law” stipulates that the vice-president of the court and the members of the adjudication committee shall be selected from among judges, prosecutors or other persons qualified as judges. According to the above regulations, it is possible to directly select the vice president of the court from among those who have the qualifications for a judge, rather than a mandatory requirement to have the qualifications of a judge. In accordance with the “Regulations on the Grading of Newly Recruited Civil Servants”, newly recruited civil servants who have passed the assessment shall be graded according to the following regulations: civil servants who are directly recruited from various school graduates and have no work experience, and graduate students who have obtained a master’s degree are appointed as The deputy chief clerk is designated as the twenty-fourth level. This is what people usually say that after graduates are admitted to civil servants, they can enjoy sub-division level treatment. According to the “Administrative Measures on the Positions, Ranks and Levels of Civil Servants”, the minimum tenure requirements for promotion to a township section leadership position are as follows: (1) If you are promoted to a township section leadership position, you should hold a township section deputy leadership position for more than 2 years. Or have served as deputy leadership positions at the township department level and three-level and four-level chief staff members and equivalent levels for more than 2 years, or served as third-level, fourth-level chief staff members and equivalent levels for more than 2 years, or served as the fourth-level director Section staff and equivalent ranks for more than 2 years. (2) If you are promoted to a deputy leading position at the township section level, you should be a section member at any level and a comparable level for more than 3 years. According to the above regulations, in theory, it is not a problem for judge assistants to be directly promoted to vice-president of the court. Does compliance mean reasonable? In the grassroots county, district and city level courts, in accordance with the prevailing judicial administrative system (although it has been one of the key contents of judicial reform in recent years, it is still deeply rooted), in the trial business division, judge assistants-judges-deputy divisions Chief—President—Deputy Dean. In the administrative department, section members—Deputy Director (Team Captain)—Director (Team Captain)—Deputy Dean are the normal promotion channels. In the grassroots courts, the divisions of the divisions and divisions correspond to the share-level setting that is not in the civil service law. The court’s competition for employment rules stipulate that at least three years in the lower-level position are allowed to participate in the promotion to the upper-level position. It can be said that 90% of the grassroots court personnel have exhausted their careers in the competition for promotion of positions at the stock level and deputy stock level. Since then, there is a person who can directly promote the deputy dean beyond the head and deputy stock level and the middle-level department head and deputy positions. Many legal persons are surprised. Is it unexpected? In the “Public Notice” Liu Ting believes that there must be something extraordinary that will be so favored by the organization department, and that the promotion will be democratically recommended by the court and evaluated by the police in accordance with the organizational procedures, but she also deeply understands why such promotion , Why has attracted so much doubt. Before the judicial reform, the middle-level chief position in the grass-roots courts was the ceiling for promotion of 80% of court members. After the judicial reform, many judges in the grass-roots courts may be the ceiling for many people’s careers. When there is a person less than 30 years old who can step over a height that most people cannot reach in a lifetime, it is really difficult not to cause a sensation and surprise. You must know that the position of the vice president of the court plays the role of guiding and coordinating judges in handling cases. This is also the concern of many legal professionals. Is it appropriate for a person who has not even passed the position of a judge to act as a guiding judge for the rigorous judicial work? However, for most of the legal professionals who regard fairness and justice as their professional pursuit and the judicial cause as the embodiment of their value, how others are promoted is what they excel. As the saying goes, the breeze is blowing on the hills and the moon is shining on the river. , In addition to being pregnant, what else can compare? Being cautious and cautious in judicial work, taking every case seriously and responsibly, as having a clear conscience internally, being responsible to the social family externally, and not being afraid of ghosts and gods, is the most ought to be done?

7 months ago

Obviously violates the provisions of the Organization Law of the People’s Court and the Law on Judges. Article 47 of the Organic Law and Article 14 of the Law on Judges clearly stipulate that there are only two ways for the selection of the vice president of the court. One is to be elected from the current judges. ; The second is for the exchange of talents, from outside the court with judges such as professors and lawyers. The candidate is a staff member of the court and does not have the qualifications for selection. It is an illegal promotion. The editor-in-chief of Yang Wanming, the deputy president of the Supreme People’s Court, and the book “Understanding and Application of the Articles of the Organizational Law of the People’s Court” published by the People’s Court Publishing House provides a clear explanation of the 47 clauses of the selection and appointment of the vice president and members of the adjudication committee. Others have judges. Qualified personnel specifically refer to communication personnel outside the court. When the vice president is selected from within the court, he must be a judge. At the same time, the book’s amendment process to 47 articles is also included.

7 months ago

In the TV series “Hidden”, the dramatist Wu, the stationmaster, has a saying “Personnel is politics”. Can’t you understand such a brilliant sentence? If you don’t promote this 91-year-old girl, do you want to promote you an old man who is only professional, has no background, can’t give gifts, and doesn’t like to walk around? In that case, it will be more on hot search, not to mention politics. This is the reality. I still give up my illusions. Now that I have entered the game, I should figure out the rules of the game before playing. Any organization and any position has its own operating rules. I have people who are less than 30 years old as the CEO of the finance department of a listed financial state-owned enterprise. They have the same work ability. Everyone is the same, but their parents and in-laws are cows. They have backgrounds and have a good relationship with them. Everyone takes care of each other, helps each other, and leads. Don’t worry, in this case, is there a problem in promoting others? Personnel is politics. If you don’t arrange for others, can you arrange for you?

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