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法官员额制改革将是近年来法院系统改革的重中之重,改革的时间紧迫、难度大,关系着未来我国法院能否建立起一支专业化、职业化、精英化的法官队伍。随着上海市、吉林省等部分试点改革的逐步进行,改革中存在的问题也不断暴露出来,而更多地区对于法官员额制的改革意义、改革方式还处于相对模糊的状态。本文从占比的确定及如何选任、法官选任之后,落选法官如何分流、如何对法官进行考核、如何确保晋升机制的合理和畅四个方面对法官员额制改革中现阶段存在的问题和可能产生的问题进行分析,为问题的解决提出管见。
The reform of judges’ posts system will be the top priority of the court system reform in recent years. The reform time is urgent and difficult. It will affect whether our country’s courts can establish a professional, professional and elitist team of judges in the future. With the gradual progress of some pilot reforms in Shanghai and Jilin Province, the problems in the reform are constantly exposed. However, the reform of the quota system for judges in more regions is still in a relatively vague state. This article from the determination of the proportion and how to choose the judges after the election, how to divert the judges, how to judge the judges, how to ensure the promotion mechanism is reasonable and smooth on the four aspects of the reform of the judges present problems and possible problems Analysis of the problem, put forward suggestions for the solution of the problem.