中美法官制度比较.docVIP

Judge System Comparison between the United States and China Introduction When it comes to the judge system, different people may give different definitions. Some scholars point out that the judge system consists of qualifications of judges, appointment and promotion, and legal guarantee and so on. Some other experts claim that the so-called judge system is the general term of a series of national rules regarding judges’ selection, training, reward and punishment, occupation ethics, wages and benefits, and dismissal etc. in the purpose of ensuring judges’ exercising jurisdiction in accordance with the law. However, due to the space limitation , we just choose the main aspects of this system to discuss，including the selection, guarantee ,and disciplinary punishment of the judge system. The United States judge system The United States judge’s selection system In American, judges often have high quality, rich professional experience and noble prestige, which result from, to some extent, the stringent qualification requirement and selection procedures in the process of judge selection. The United States have two respectively operated court systems-the federal court system and the state court system, and the two systems share similarities and also differences. 1.1.1 Qualification requirements Although both federal and state legislation have no definite provision, in principle, to be the justice of the federal court, the following conditions shall be met simultaneously: U.S. citizens, graduate from one American university law school and acquire a JD degree (in American, any university graduates can apply for law school, study for three years, meet the required credits, and then be granted JD degrees, the so-called “JD legal profession” ) , pass the rigorous Lawyers Qualification Examination, admitted as a solicitor and worked as a lawyer for a number of years. For state court judges, especially justice of state Supreme Court and Appeal court and the judges from the courts