我国司法官遴选制度的建构

Contrustion of the Selection of Judicial Officers of China

司法官遴选的目的是根据建设社会主义法治国家的需要,通过建立和完善各项运行机制,选拔德才兼备,具有法律专业知识、社会经验和社会主义道德情操的法律人才,为司法机关提供数量充足的,高素质、专业化的法官和检察官人选。科学分类是遴选司法官的前提,建议区分“政务类司法官”和“业务类司法官”,对司法官进行横向和纵向的两种分类,进而构建具有中国特色的司法官遴选制度的基本框架。

The selection of judicial officers of China has the purpose of providing for the judicial organs with adequate, high - quality, and professional judges and prosecutors selected from those who have ability and moral integrity, legal knowledge, social experiences, and socialism ethic and sentiment meeting the demands of socialism state of rule of law. As the classification is the precondition of selection of judicial officers, Chinese judicial officers should be divided into two categories of administrative judicial officers and professional judicial officers so as to classify the judicial officers by both grade and function, and make a basic frame of the selection mechanism of judicial officers of China.