中国法官助理制度的实践困境及其破解之道

The practical dilemma of China’s Judge assistant system and its solution

法官助理制度在我国是一种全新的制度,实践中存在着与现行办案模式不匹配、助理与法官配比设计不周全、助理充任书记员易架空制度目的、全部到基层法院入额有违契约精神且缺乏配套制度、入职门槛高成长慢、晋升渠道不畅通、主要精力难以投入工作等问题。必须立足我国法院的客观情况,转变传统思维,借鉴国(境)外经验,正视法官助理个体需求,修正不合理制度,切实发挥法官助理的应有功能,巩固司法改革成果。

The judge assistant system is a brand-new system in China.In practice,there are many problems,mismatches in the current case-handling model,incomplete design of assistants and judges,assistants serving as clerks would overhead system′s purpose easily,all assistants should become judges in the basic courts violates the spirit of contract and lacks supporting systems,high entry barriers,slow growth,poor promotion channels,and main energy is difficult to put into work,etc.We must base ourselves on the objective conditions of my country’s courts,change traditional thinking,learn from foreign(foreign)experience,face up to the individual needs of judge assistants,follow the principles of honesty,reasonableness,and lawfulness,correct unreasonable systems,give full play to the proper functions of judge assistants,and consolidate justice reform results.