First, the main problems faced by the current judicial police management system
(a) the new bailiff "import" is not smooth, and the old bailiff "export" is blocked.
Judging from the current policy, the recruitment of bailiffs from social and public institutions has been suspended. Judging from the characteristics of judicial police work, after the age of 35, it is generally difficult to adapt to judicial police work (except for leading cadres and a few backbone judicial police) and need to change jobs. However, due to the high requirements of trial posts, limited logistics posts and streamlined personnel, it is difficult to arrange. Under normal circumstances, you will be a policeman until you are old and retire.
(2) The aging of the elderly and the ranks is becoming more and more serious.
Judging from the age structure, the average age of bailiffs in some courts is over 35 years old, which makes it difficult to adapt to the antagonistic, flexible and mobile characteristics of bailiffs' work, thus affecting their combat effectiveness and work efficiency.
(3) All posts are poorly paid and lack of incentive mechanism.
The rank promotion of bailiffs is the same as that of administrative cadres, and the proportion is determined according to the total number of courts. Most of the non-leadership positions at the court level have been basically filled, and some courts even exceed the number of positions, making it difficult to be promoted. Many bailiffs in their 40 s are still at the rank of clerk. Compared with judges, they lack incentive mechanism and receive poor treatment, which affects the enthusiasm of the team.
(four) the police force is insufficient to meet the needs of the trial work.
According to the requirements of the Supreme People's Court, the bailiff is equipped according to 12% of the total population of the court, and the bailiff escorts criminals according to 2: 1. In fact, the number of bailiffs in some courts does not meet this requirement and it is difficult to meet the needs of trial work.
Two, judicial bailiffs to implement the appointment system is the main way to solve the shortage of police force.
(A) the basis and principles of the appointment system
The basis for the judicial police to implement the appointment system reform is the requirement of "exploring the appointment system reform of judicial police, trying out some appointment systems of judicial police and rationalizing the access channels of judicial police" in the Outline of Five-year Reform of People's Courts of the Supreme Court. The implementation of this reform should follow the following principles:
1, preferred principle
Through open, equal, competitive and merit-based reform measures, we will select outstanding personnel to enrich the judicial police force.
2. The principle of "smooth import and export"
The bailiff team must be young and professional, keep the import and export smooth, and be full of vigor and vitality.
3. The principle of combining professional bailiffs with appointed bailiffs.
Judging from the particularity, stability and professionalism of the judicial police work, the leading cadres and main backbones of the judicial police team should be retained and not all of them should be employed.
(two) the basic source of judicial police appointment.
According to the nature and characteristics of judicial police work, in order to ensure the high quality of the employed personnel, they are hired from college graduates, retired military soldiers and armed police. Under the same conditions, priority is given to graduates from public security, political and legal colleges and those with bachelor degree or above.
(three) the main contents of the judicial police appointment.
1, basic conditions:
(1) Adhere to the Four Cardinal Principles and support the Party's line, principles and policies;
(2) Being law-abiding, decent in style, good in conduct, not subject to disciplinary action, and volunteering as a bailiff;
(3) Under the age of 25;
(4) Having a college education or equivalent;
(5) Good health, regular facial features, male height above 1.70m, female height above 1.60m, naked eye height above 1.0m, and no disability.
2. Main responsibilities:
(1) Guarding the court and maintaining the court order;
(2) Being responsible for summoning witnesses and expert witnesses and delivering evidence materials when on duty;
(3) Serving legal documents;
(four) the execution of summons, summons and detention;
(5) Escorting, escorting and guarding criminal suspects and criminals;
(6) Participate in litigation preservation and execution of effective judgments;
(7) Other related tasks.
3. Requirements:
(1) Strictly abide by the Constitution and laws, be loyal to their duties, perform their duties, be fair and honest, and do not seek personal gain by taking advantage of their work;
(2) study hard political and professional knowledge, and constantly improve political and ideological awareness and professional level;
(3) study hard scientific and cultural knowledge, master modern scientific means, expand knowledge and strengthen personal cultivation;
(four) keep in mind the purpose of serving the people heart and soul, have a good work style, obey the command in all actions, be witty and flexible, and be brave and decisive;
(5) Seriously abide by the discipline and rules of the court and strictly keep the secrets of the trial work;
(6) Insist on seeking truth from facts, do not resort to deceit, conceal or distort the truth, and establish good professional ethics;
(7) Be dignified and courteous, and maintain the image of the court;
(8) Strictly implement the leave system, and don't wear bailiff uniforms when going out for personal reasons.
4. Appointment
The employment period of the judicial police is three years, and it will not be renewed after reaching the age of 35.
The employment procedure is:
(1) The courts put forward the demand for the current year according to the trial activities and development trends. The number of people shall not exceed 70% of the total number of bailiffs in each court;
(2) The Municipal High Court conducts unified examinations and psychological tests on the personnel to be hired;
(3) Interview, political examination, physical fitness test and physical examination shall be conducted by the hiring court, and those who meet the requirements shall be selected as bailiffs.
(4) The Municipal High Court organized the court to sign labor contracts with employees.
(five) the employment of judicial police must be approved by the Judicial Police Corps of the High Court and trained in accordance with the training program of the people's court before they can take up their posts.
Step 5 fire
In addition to the termination of the employment contract, one of the following circumstances may be dismissed immediately.
(1) Incorrectly implementing the Party's line, principles and policies, failing to perform duties according to work requirements, and failing to complete tasks without justifiable reasons;
(two) poor political and professional quality, it is difficult to do their job;
(3) Poor sense of responsibility and serious work mistakes;
(4) No self-motivation, no effort to learn political, professional, scientific and cultural knowledge, no initiative in work, passive slack, and disobedience to management;
(5) disobeying orders when performing tasks, contradicting leaders, taking risks, and making the work passive;
(six) causing unprincipled disputes, fighting, swearing if the circumstances are serious;
(seven) drinking alcohol and performing tasks during working hours;
(8) There are other behaviors that are not suitable for the work of bailiffs and violate laws and regulations.
If he is dismissed for one of the following acts, he shall be investigated for responsibility according to the circumstances:
(1) extorting confessions by torture or physically abusing criminals;
(2) Illegally depriving or restricting the personal freedom of others and illegally searching others' bodies;
(3) extorting or extorting or accepting bribes;
(4) Beating others at work or instructing others to beat others;
(5) Dereliction of duty and failure to perform legal obligations.
Three. Management and requirements for hiring bailiffs
The court has the power to command, use and manage the appointment of judicial police, and evaluates it;
(2) The High Court shall, according to the needs of each court, incorporate the bailiffs employed into the bailiff team of each court to perform the tasks and duties of bailiffs. However, the employed personnel shall not hold leadership positions in the judicial police force;
(three) to employ the systematic judicial police to participate in the activities of the court party group;
(four) the judicial police appointment uniform issued by the High Court in accordance with the provisions, must wear when performing official duties.
(five) in accordance with the relevant provisions of the "Regulations on Police Ranks in People's Republic of China (PRC)", to evaluate the judicial police employed.
(six) the salary and welfare benefits of the judicial police employed shall be enjoyed in accordance with the relevant provisions of the national civil service rank sequence and the police rank subsidy. In accordance with relevant regulations, enjoy social insurance benefits, including pension, medical care and unemployment.
(seven) employed bailiffs disabled or sacrificed in the line of duty, the people's court for disability assessment and pension with reference to the relevant provisions.