The Reform And Practice Of The Guarantee System Of Judge's Identity In China

The Guarantee System of Judge's Identity was firstly established in Act of Settlement1701 of the United Kingdom, which was also reflected both in the U.S. "Declaration of Independence" and "U.S. Constitution". Subsequently, widely following Anglo-American system countries, civil law countries also established their Guarantee System in line with their own characteristics. In China, Justice Act 1995 enacted as a symbol, The Guarantee System of Judge's Identity basically established. In 1999, China's Supreme People's Court promulgated the Five-year Reform Outline of the People's Court , then in 2005 and 2009 , separately issued the Second Five-year Reform Outline of the People's Court and the Third Five-year Reform Outline of the People's Court. Among them, The Reform of The Guarantee System of Judge's Identity has aroused extensive attention.Therefore, this article chooses the Guarantee System of Judge's Identity as the theme in reference to relevant foreign legislations to have a comprehensive analysis of current reform situation and difficulties of the system based on the reform practice of this system in our country and difficulties, and put forward some suggestions. By integrating theory with practice and comparative analytic method, the article also adopts some data and examples in the research.The whole structure is divided into five chapters. The first chapter is the theoretical analysis of The Guarantee System of Judge's Identity: And distinguished foreign research, redefines the content of the reform of The Guarantee System of Judge's Identity in China; analyse the necessity of The Guarantee System of Judge's Identity in China. Chapter II to Chapter IV have taken the contents of the reform of The Guarantee System of Judge's Identity in China as criteria of the classification, and divided The Guarantee System into Posts Guarantee, Salary Guarantee and Orgnization Guarantee. The structure of the contents of these three chapters are basically same, all referring to the foreign legislation Reference and viewed from three Five-year Reform Outline of the People's Court and reform measures of the courts in our country both from theory and practice, to proof the necessity of Posts Guarantee, Salary Guarantee, Orgnization Guarantee as the contents of The Guarantee System of Judge's Identity in China, and meanwhile reveal the dilemma of The Guarantee System of Judge's Identity in China. Finally, in Chapter V, summarize the above-mentioned contents, come up with the bottleneck of The Guarantee System of Judge's Identity in China at the present stage, namely the administration of justice management, and furthermore propose some suggestions.