I. Selection of judges. Judges in common law countries are generally selected from lawyers, and it is a necessary condition to be a judge to obtain lawyer qualification and have a certain period of lawyer experience, that is, the so-called monism in the judge selection system. According to British law, all judges except magistrates can only be appointed from lawyers who have participated in four senior bar associations or junior bar associations in the country and have at least 7 years' experience as barristers. American law does not clearly stipulate the qualifications of judges, but in judicial practice, judges in the federal court system must obtain the qualification of lawyers through rigorous examinations in addition to J.D. degrees, which is extremely fierce and difficult, and has been engaged in lawyer work for several years. However, in European continental law countries such as Germany, France and Italy, judges are specially trained as one of the legal professionals (usually legal persons, jurists or legalists), and judges are generally not selected from lawyers, that is, the so-called binary system of judge selection, also known as the professional system or bureaucratic judge system. In Germany, law graduates began their three-and-a-half-year internship training after passing the first national examination. During the internship training, they should work in civil courts, criminal courts, procuratorates, certain types of administrative departments and private law firms. After the internship period, judges are eligible to serve for life. Second, salary and treatment. The training, selection and promotion of judges in common law countries are different from professional civil servants, and their social status, reputation and prestige are much higher than those of civil servants. Therefore, the treatment of judges is far more generous than that of civil servants. According to the data published by British Economic Weekly1983165438+1October 15, the annual salary of British judges is as high as 53,300, which is 10300 higher than that of the Prime Minister in the same period. Third, status. In common law countries, the judge decides the validity of the law, that is, the passed law becomes law only when it is applied by the judge. It is not uncommon for judges to handle cases according to unwritten laws that have been in force for a long time, rather than new laws. 4. The requirements for being a judge are higher than those of other judicial personnel. In many countries, the qualification requirements for judges are generally higher than those for lawyers and prosecutors. In some countries, people engaged in legal work, including judges, prosecutors and lawyers, must pass the same judicial examination. On the basis of passing the judicial examination, a judge must also engage in the business of lawyer or prosecutor for a long time before he can be appointed. Sixth, the appointment procedure is particularly strict. Countries pay special attention to the following two points in the procedure of appointing judges: First, the subject level of appointing judges is very high. In many countries, judges are appointed by kings (queens), heads of state, presidents or heads of government in the form of state affairs. Appointment itself is a national honor, which is conducive to strengthening judges' sense of sacredness and mission to the profession, so as to act in strict accordance with the law; At the same time, due to the relatively high subjective status of appointed judges, it is conducive to preventing the interference of landlord forces, thus ensuring the independent exercise of judicial power and avoiding judicial corruption. Second, the procedure is strict, which generally requires intense, even repeated judicial examinations and long-term judicial practice or lawyer work experience. In this way, from law school students to lawyers or judicial interns, and then to judges is a long and full of obstacles. This process itself is long, arduous and severe, which makes judges generally have excellent legal professional quality. At the same time, it also makes the judge realize that his appointment is a great honor and hard-won, so as to consciously act in strict accordance with the law and put an end to judicial corruption. At the same time, strict appointment procedures are also conducive to strictly controlling the unified application for judges' qualifications and ensuring the quality of personnel entering the ranks of judges. According to British law, the Chief Justice, the permanent appellant and the judges of the Court of Appeal are nominated by the Prime Minister and appointed by the King. Article 2, paragraph 2, of the Constitution of the United States stipulates that the President has the right to nominate and appoint judges in the federal court system with the consent of the Senate. In Japan, the President of the Supreme Court is nominated by the Cabinet and appointed by the Emperor. This appointment is an act of the state of the Emperor, and it is made on the recommendation of the Cabinet. Judges of the Supreme Court are appointed by the Cabinet and certified by the Emperor. Certification is also the emperor's national behavior, in order to increase the solemnity of appointment. Traditionally, before nominating the President of the Supreme Court and appointing other judges of the Supreme Court, the Cabinet must also consult the current President of the Supreme Court and the Supreme Court Judges' Meeting. Judges of the lower courts shall be appointed by the Cabinet on the basis of a roster proposed by the Supreme Court. Fifth, the appointment procedure is particularly strict.

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