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] https://3g.163.com/dy/article/D5DS5N9C0521RG66.html 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.