Study On The System Of Judicial Punishment And Discipline

Improving the System of Judicial Punishment and Discipline is an important part of the system of improving The Justice System: maintain the independence of the judiciary, regulate judges' behavior, to combat judicial corruption, make sure magistrate judge case efficiently according to law, protect the rights and interests of Litigants and other people who take part in proceedings. In view of the important value of Judge disciplinary system, there is need for us to conduct in-depth study of the theory. The current System of Judicial Punishment and Discipline have been formulated by a number of relevant laws and regulations and some of the provisions of the Supreme People's Court, which essentially constitute the disciplinary system for judges in our country. But among the system, there are a lot of immature and imperfect provisions which need to be reformed and improved.Based on China's national conditions, This article use the method of comparative study, learn from advanced foreign experience in the legislative of our country ,on the basis of the existing disciplinary system for judges to analyze and put plans to build it in the needs of China's judicial system, This article is divided into four parts:Partâ… : First of all, this section outlines the concept and content of the disciplinary system for judges, and then around the theoretical basis for the system to set up disciplinary system for judges on the value of the system. The theoretical basis for the disciplinary system is: the inherent authority to impose restrictions on the power, demand for the independence of the judiciary; requesting of judicial activity and the inherent laws of the characteristics of professional judges. Sound system of our country will standardize judge Judicial Conduct, control judges corruption, to protect the legitimate rights and interests of the judge, to prevent extrajudicial interference, in favor of an independent trial judge to protect the independence of the judiciary and the course of justice.Partâ…¡: This part take the United States, France, Germany as example of the introduction of the judge disciplinary system in Western countries, summing up the similarities and characteristics to them. Developed countries, the premise of the theory of setting up the disciplinary system are to protect the independence of the judiciary, to ensure the independence of judges' trial in accordance with the law. Western countries generally have specialized judges disciplinary institutions, strict discipline of the subject judges, procedures and the punished judges were provided sufficient procedural safeguards. Partâ…¢: From the main body of discipline, subject matter, procedures, approach, four aspects introduce the existing disciplinary system for judges of our country. the main body of Discipline of judges are the Court supervision department; Disciplinary punishment matter including the illegal conduct of the trial and extrajudicial misconduct; disciplinary procedures in accordance with the Supreme People's Court for "People's Court discipline cases dealt with Interim Measures" in the provisions strictly; the way of disciplinary : warning, Demerits, demotion, dismissal, recall. This section also Analysis and summing up China's current problems in the corrections system: the unreasonable disciplinary institutions; flawed disciplinary reasons; disciplinary procedures fuzzy and administrated; easy means to investigate. Finally: In view of "The Regulations of Punishment of Misjudge" discussing most widely and evaluation for discussion and analysis.Partâ…£: Base on problems of part (c) that the disciplinary system for judges of our country there is of the right medicine: It should introduce the concept of the autonomy of judges appropriately, the disciplinary committee composed of judges mainly is stetted up , through the judicial process by violating the law and discipline of judges disciplinary; take process standards as a measure of wrong criterion; formulate "Judge disciplinary punishment law," specific provisions of the disciplinary body of judges, procedures and methods so that disciplinary punishment judge having legal support.This article may have a little innovation on the construction of the system of judicial punishment and discipline. But because of the lack of accumulation of theoretical and practical experience, many shortcomings and deficiencies still exist in this study; wish the disciplinary system for judges to be remedied in the future.