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Opinion / Op-Ed Contributors

Deepening reform of the judiciary

By Zhou Guangquan (China Daily) Updated: 2014-10-17 07:43

First, the Law on Judges and the Law on Prosecutors should be revised to separate professionals in the justice system from civil servants. The government should establish a separate system of management and create occupational security and salary packages that are commensurate with the job characteristics of judges and prosecutors.

Judges and prosecutors' compensation should be set by an individual's position and length of service to ensure that those who work for a long time at the grassroots level are paid appropriately and in accordance with the quality and quantity of their work.

Considering the significance of experience, the authorities might also want to consider extending the retirement age for judges and prosecutors to 70 years, assuming their willingness, and to implement a favorable pension system.

Second, a mechanism for raising the level of professionalism within judicial teams should be established. The admission of judges and prosecutors should be decided by the judicial committee based on a candidate's legal knowledge and professional skill.

There should also be mechanisms to absorb into the teams excellent lawyers, scholars and other legal practitioners with practical experience. Their salaries, benefits and occupational status should be enhanced to attract excellent talent into the system.

Third, there should be a professional grading system for judges and prosecutors. Currently, these individuals are listed at administrative levels with civil servants. We should establish an independent career promotion mechanism for judges and prosecutors based on performance, qualifications, professional ethics and ability in judicial practice, rather than on administrative level.

This would guarantee career prospects and promotion space.

Fourth, study and training requirements should be established for new judges and prosecutors. For newcomers, there should be at least a year and a half of off-job professional and specialized training involving lectures, case studies, auditing of trials, etc., to support and enhance professional development.

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