It has always been a bone of contention in the administrative law that whether the judges and prosecutors are civil servant status.In our country,the civil servant law made clear rules for the identity of civil servants,and the identity of the judges and prosecutors have also been stipulated in the judges law and prosecutors law.But in the process of the selection and assessment of judges and prosecutors,they are confused with the management of civil service.Some provisions aiming at the civil servants also applies to judges and prosecutors.Britain and the United States distinguish strictly between the management of the civil servants and that of judges and prosecutors ,which can be used for reference to improve the existing management of the judges and prosecutors in China .It is facilitated that strictly distinguishing between civil servants and judges and prosecutors in the management of the rule of law build socialism country in our country.