Judicial police who have passed the judicial examination shall be graded according to their working hours and positions. If the bailiff who passed the judicial examination is a contract bailiff, he should not be transferred to a judge prosecutor. If it is an administrative bailiff, it can be turned into a judge prosecutor. Those who pass the national judicial examination shall be awarded the legal practice qualification certificate by the Ministry of Justice. Persons who have passed the examination and obtained the qualification certificate for legal practice shall meet the conditions stipulated in the revised Judges Law, Prosecutors Law and Lawyers Law when they serve as judges, prosecutors and lawyers. In addition, according to the provisions of the Notary Law, notaries must pass the national judicial examination. According to the relevant provisions of the Civil Service Law and the management of judges, judges should be state civil servants, and non-civil servants cannot serve as judges. If the staff of public institutions pass the judicial examination, they should also be transferred to the civil service establishment according to the regulations, so as to have the conditions for appointing judges.
A judge refers to a judge who is produced in accordance with the procedures prescribed by law and exercises state judicial power in judicial organs (usually courts) according to law, and is the executor of judicial power. In countries with different legal systems, judges have different roles, but they are required to be impartial, not influenced or bound by others, and to adjudicate cases impartially according to the law. In China, Article 2 of the Judges Law of People's Republic of China (PRC) clearly stipulates that "judges are judges who exercise state judicial power according to law, including presidents, vice presidents, members of judicial committees, presidents, vice presidents and judges of special people's courts such as the Supreme People's Court, local people's courts at various levels and military courts." In the trial of civil litigation, judges should be produced according to the procedures prescribed by law and exercise the state's civil litigation jurisdiction according to law. Judges are not subject to interference from any administrative organ, social organization, enterprise, institution or individual in the trial process. A judge should be an independent and neutral third party with legal and natural jurisdiction.
The Judges Law of People's Republic of China (PRC) also stipulates the rights and obligations of judges, who perform their duties according to law and are protected by national laws. Judges must faithfully implement the Constitution and laws and serve the people wholeheartedly.
legal ground
Judge Law of People's Republic of China (PRC)
Article 12 A judge must meet the following conditions:
(1) Having China nationality;
(two) support the constitution of People's Republic of China (PRC), the leadership of the party and the socialist system;
(3) Having good political and professional qualities and moral conduct;
(4) Having the physical conditions to perform their duties normally;
(five) with a bachelor's degree in law and bachelor's degree or above; Or bachelor degree or above in illegal studies in ordinary colleges and universities, master degree or above in law; Or ordinary colleges and universities illegally learn bachelor degree or above, obtain other corresponding degrees, and have legal professional knowledge;
(six) engaged in legal work for five years. Among them, those who have obtained master of law, master of law and doctor of law can be relaxed to four years and three years respectively;
(seven) the new judge shall obtain the legal professional qualification through the national unified legal professional qualification examination.
If it is really difficult to apply for the academic qualifications specified in Item (5) of the preceding paragraph, the academic qualifications of serving as a judge may be relaxed to a certain period of undergraduate graduation in institutions of higher learning upon examination and confirmation by the Supreme People's Court.
Thirteenth, the following persons shall not serve as judges:
(1) Having received criminal punishment for committing a crime;
(2) Being expelled from public office;
(3) Lawyers and notaries have their practice certificates revoked or their names removed by the Arbitration Commission;
(4) Other circumstances prescribed by law.
Article 14 A newly appointed judge shall be selected from among those who have the qualifications of a judge by means of examination and assessment, in accordance with the standard of having both ability and political integrity.
The president of the people's court shall have legal professional knowledge and legal professional experience. The vice-chairmen and members of the judicial committee shall be selected from among judges, prosecutors or other persons qualified as judges.
Article 15 The people's court may, according to the needs of judicial work, openly select judges from lawyers or law teachers, researchers and other personnel engaged in the legal profession.
In addition to being qualified as a judge, lawyers who participate in public selection should also have at least five years of practical experience, rich experience and good reputation. Law teachers and researchers who participate in the open selection should have intermediate titles or above, have been engaged in teaching and research for more than five years, and have outstanding research ability and corresponding research results.