On The Reform Of The Judge's Disciplinary System

The judicial responsibility system is described as the “bull's nose” of judicial reform.The judge's disciplinary system is an important part of the judicial responsibility system of the people's court.The judge's disciplinary system is closely related to the specific system mechanism such as the judge's management system,the rules of operation of the trial power,the supervision and restriction mechanism of the judicial power,and the system of the judge's accountability.It is closely related not only to the judicial organs,but also to other state organs such as the discipline inspection and supervision organs,the procuratorial organs and the organs of power,as well as to judicial justice and judicial authority.The study of judge's disciplinary system is a hot issue in the academic circles.In addition to the introduction and conclusion,the main part of the article is divided into five chapters.The introductory part takes the conflict between theory and practice as the starting point.It puts forward the problems in the judicial system of judges and the background of the problems discussed,and points out that the current round of judicial system reform started from the Supreme Court proposed in 2014 to "establish the judicial system",to the NPC Standing Committee decision to revise the judge law in 2019.During this period,the Supreme People's Court has formulated and issued a number of normative documents,and the new judge law paves the way for the establishment of the judge's disciplinary committeein in order to build a judge discipline "two-track system" operating mode.In reality,discipline inspection and supervision organs,procuratorial organs,and internal supervision departments of people's courts still investigate and punish a large number of cases of violations of law and discipline by judges.The judge's disciplinary system from the introduction,the formulation of rules and regulations to part of the law,albeit having been in practice for five years,there are no related cases to apply the "newly established judge disciplinary system".Doubts have therefore been cast on the system and its value.How to examine and think about the normative purpose of the judge's disciplinary system in our country,and how to explore the reform path and operation mode of the two-track system of judge discipline,have become an urgent problem to be solved by the theoretical and practical circles.The first chapter introduces the intellectual background of the judge's disciplinary system.Starting from the history of the system change of judge's discipline,the history and reality of the judge's disciplinary system are examined vertically on the one hand,and the domestic and extraterritorial performance of the judge's disciplinary system is examined horizontally on the other.From the beginning of the Western Zhou Dynasty,the laws of the various dynasties in the feudal society of China,in the judicial case of officials due to intentional or negligent cases,basically provided for an accountability system.In the late Qing Dynasty and in the early period of the Republian China,a whole set of judicial systems,including the judicial discipline system,was introduced,but it failed because the western judicial system was difficult to apply to local conditions.And by 1949,after the "nationalist party government" fled to Taiwan,after years of exploration,by 2011 it has formed a more mature system of judge discipline.This paper also examines the judge's disciplinary system in the United Kingdom,the United States,Germany and France.It finds that even in the same capitalist countries,the judge disciplinary systems of the four countries are quite different,even between the countries of common law and civil law system.The chapter proceeds to review the historical trajectory of the new Chinese judicial system culminating in the judge's responsibility system,from political accountability to trying to pursue the wrong case result,to the wrong case responsibility for life-long investigation system.It shows that all periods of development had different forms of expression,and that the connotation of the judge's disciplinary system has changed from a broad sense to a narrow sense resulting in the current judge's punishment "two-track system".The second chapter studies the model of the two-track operation of the judge's discipline.Based upon the normative text that constitutes the judicial system of judges,this chapter analyzes the changes of the judge's disciplinary system in the normative sense before and after the current round of judicial reform.It points out the basis of the two-track system of discipline of judges.In accordance with the two-track system,the design of the judge's disciplinary system,including the basic principles,entity identification,procedural norms,effectiveness and many other aspects,has been significantly improved.However,there are still problems such as lack of systematic purpose of the relevant regulations,structural obstacles in the design of the system,not sufficient clarity in the orientation of the system function,and the conflict between the system and the law.In the socialist judicial system with Chinese characteristics,it is inherently legitimate and necessary to construct the two-track system of judges' discipline."Establishing a judicial disciplinary system" is to distinguish thejudge's illegal trial from the completely administrative procedure,equivalent to the civil servant's accountability,which is decided by the Party's leadership principle.Thisis the result of the judicial law and the professional characteristics of the judge.In the context of the reform of the state supervision system,the judge's disciplinary system makes up for the blind spot of state power supervision.The third chapter studies the operational practice pattern in the reality of the two-track system of punishment by judges.The reform of the judicial system is met with the reform of the state supervision system,and the judicial discipline system is faced with the challenge of "triple discipline supervision",that is,the state discipline inspection and supervision organ,the procuratorial organ and the internal supervision department of the people's court.The reason is that the triple discipline supervision mechanism itself has a conflict of laws,and now,coupled with the incomplete revision of the judge law,the self-empowerment of the procuratorial organs to formulate judicial interpretation,the new system meets the old power system,which leads to the difficulties of the judge's disciplinary system.Through the investigation of the status quo of 27 provincial judges' disciplinary committees,the establishment of the judges' legal status is not deeply understood,impervious or even biased,resulting in the existence of the judges' disciplinary committee institution model diversification,the administration of members,the expansion of functions,the establishment of institutions ceremony,system isolation and other five outstanding problems.Looking back at its roots,starting with the relevant policies,regulations and laws of the disciplinary committee of judges,this is to explore the main responsibilities of the judges' disciplinary committee,the existence of institutions,the composition of personnel,etc.,and to clarify the legal status of the judges' disciplinary committee.The fourth chapter studies the disciplinary system of judges in western countries and summarizes the common characteristics of the disciplinary subjects of judges.After the bourgeois revolution in western countries,the immunity system of judges' responsibility was generally established,which is the premise and basis of examining the existing disciplinary system of judges in western countries.This paper studies the disciplinary system of judges in the common law system of Britain and the United States and the continental court of Germany and France.The results show that,even though the four countries are both western developed capitalist countries,the disciplinary system of judges is quite different,and the specific practices are not the same even among countries such as Germany,Japan and France,which are both continental law systems,and the United Kingdom,the United States and Canada,which are both Common law systems.Even within the same country,there are differences,such as the United States,Canada,among different states,and between the specific practices of the state and the federation are quite different.However,no matter how great the differences are,no matter what forms the punishment system of judges takes,judicarization is its most common characteristic,and the punishment subject also has the common characteristics of legal,professional,neutral,independent and permanent.On the basis of the previous chapter,the fifth chapter,from the perspective of reform methodology,points out that the reform of the judge's disciplinary system is actually a kind of reverse-propelled reform.The reform of the judicial discipline system is the intention of the ruling party to separate the judge's illegal trial from other illegal acts of the judge in order to prevent improper interference with the judge in accordance with the law,in accordance with the requirements of the judicial law.But this reform is mixed with the three functional departments of discipline inspection and supervision organs,procuratorial organs,judicial organs and other adjustment and distribution of power,resulting in many difficulties.There has been some resistance to reforms,making it difficult to make breakthrough progress,a sign that the judicial system reform is moving into the deep water area of the performance.For the existing problems,it is necessary for the central decision-making level in its top-level design,in accordance with the requirements of the judicial law and in the unified thinking,to bring the judge disciplinary committee through a substantive transformation,strenghtening the principle of the judge disciplinary committee.On the path of perfecting the judge's disciplinary system,we must firmly follow the path of rule of law,improve the system according to the short-term goal,modify the law in the medium term,formulate special law in the long-term goal,and promote the rule of law of the judge's disciplinary system.The conclusion part summarizes the whole paper.It points out that the reform of the dual disciplinary system of judges is based on China's national conditions.The difficulties and problems in the reform of the judicial disciplinary system are inevitable in the course of the development,and there are profound and complex reasons.The biggest advantage of this round of judicial system reform is that it is carried out under the direct leadership of the central decision-making level.The key to the success of this round of judicial reform is that the central decision-making level can provide continuous and strong impetus support for the reform.In order to promote the reform of the judicial disciplinary system,we should adopt the judicial or quasi-judicial judicial punishment procedure according to the requirements of the judicial law,and fix it in the form of the rule of law,so as to turn the reform achievements into the national will,which is the only way for the reform of the judicial disciplinary system.