Study On The System Of Judge's Professional Guaranree

Judge's professional guarantee system is an important system for maintaining the rule of law .As for mediating the issues, and realizing equity and justice, carrying out judge's professional guarantee system is vitally meaningful. What's more, the rule of law can be maintained and implemented by this system. However, because of the defects of judge's professional guarantee system and the effect from other factors, the phenomenon of lacking guarantee for judges is very serious. Through analyzing and comparing the general situation and differences of judge's professional guarantee system in foreign countries, this article demonstrates the reasons and harm of lacking guarantee for judges in our country, and brings up the tentative idea to re-construct judge's professional guarantee system in our country. The article concludes five parts beside the preface and conclusion.The first part is the intension and the development of judge's professional guarantee system. This part elaborates the intension of judge's professional guarantee system, which is a series of guarantee systems on guaranteeing the status, identity and authority of judges, in order to guarantee the justice of judges and avoid any intervention. The part of development gives a brief account of the history development of judge's professional guarantee system abroad and home.The second part is the general situation and differences about foreign judge's professional guarantee system. The part introduce briefly the general situation of judge's professional guarantee system on authority, identity treatment exempt from responsibility and punishment for judges in America, British, Germany, Japan and France, and makes a compare of differences of judge's professional guarantee system in two law series.The third part is the analysis on the present situation of judge's professional guaranteesystem in our country. In this article, the author thinks that the present situation of judge's professional guarantee system is the absence of authority, weakness of identity, bad treatment, lack of dignity, and frequent punishment The reason is the popularization of judges, the localization of legal system. The management for judges inclined to administration, and the expansion of supervision of people's congress which result in some passive effects as unfair legal justice, serious corruption, absence of authority, bad quality.The forth part is the prospect for judge's professional guarantee system in our country. The professional of judges demands judge's professional guarantee system, which is good for ensuring the justice and efficiency of judge, decreasing and preventing legal corruption. At the same time, it's also of judges, and confirming to the WTO rules and international customs. This part also approach the feasible of carrying out judge's professional guarantee system in our country and demonstrate the present conditions of carrying out judge's professional guarantee system from different respects as the experience, rules, excellent base and environment for legal construction ,and the chance for giving impetus to construction of judges troops.The fifth part is the idea to improve judge's professional guarantee system in our country, which combines the theory of judge's professional guarantee with practice to deal with actual issues in China. The author thought that it's the base for constructing judge's professional guarantee system to fix and cut the number of judges. The measures includes that setting up judge's power guarantee system to ensure judges have power, setting up judges professional standing guarantee system to ensure judges to have stable position, setting up judges incomes guarantee system to maintain the dignity of judges, setting up judges safe guarantee system to make judges safe, improving judge's vocational education guarantee system to enhance the quality of judges, and setting up judge's profession supervision system to protect the judges' rights actually. As the same time, the authorpoints out that the reform should be taken to the system of carrying out judge's professional guarantee system, which include coordinating the relations between judges and other institutions and individual, reforming the interior administrative system of court, eliminating the barrier.