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实践中,各级法院的助理审判员办理了大量的案件,既缓解了法院办案紧张的局面,又充实了审判力量,确实发挥了巨大的作用。然而,有关助理审判员也存在一些问题,值得研究和解决。1.代行审判员职务的期限问题,根据有关司法解释,助理审判员可以临时代行审判员职务。而目前,临时代行实际上已经变成了长期代行,某人一经任命为助理审判员,即可长期担任,甚至数年。
In practice, assistant judges at all levels of courts handled a large number of cases, which not only alleviated the situation of court handling of cases but also enriched the power of trial and did indeed play a huge role. However, there are some problems with assistant judges, which are worth studying and solving. 1. On the issue of the term of the substitute judge, according to the relevant judicial interpretations, the assistant judge may temporarily take the position of the judge. At present, the provisional agency has in fact become a long-term practice. Once appointed as an assistant judge, a person may hold a long-term or even a few years.