Pursue Reform Of The Disciplinary System Of The Judges In Our Country, From The Wrong Case

Generating from the specific history condition of our country, the malpractices of "the regulations of punishment of misjudge" caused by its unreasonable standard of identifying the responsibility of judges and the system design highlight day after day. There is an intense dispute about whether we should keep the regulations or not. As the most important part of the "the Disciplinary Regulations to Judges" of our country, the legal basis of our Regulations of Punishment of Misjudge is just the local stipulations. Although this system has been applied so long and so widespread, it has not been fixed coordinately. Then, what is the direction of the reform? Shall we keep it on or give it up? This is the question which my thesis will discuss. This article is divided into four parts:In the first section, the generation, the implication and the nature of "the Regulations of Punishment of Misjudge'Vere discussed. To regulate the behavior of the judges, to prevent the judicial corrupt, to fully protect the litigant's legal rights and interests, "the Regulations of Punishment of Misjudge"generates naturally. "the Regulations of Punishment of Misjudge" stipulate that the judge should take responsibility if he made mistakes in the criminal, the civil and the administrative proceedings. "the Regulations of Punishment of Misjudge"is one kind of the "the Disciplinary Regulations to Judges" of our country .Both of them are the ways to discipline the judges in our country.Then, the writer talked about the problems of "the Regulations of Punishment of Misjudge" in the second section. The writer summarized five points. Scholars have realised the problems which are becoming more and more serious. However, there is an argument about whether we should keep "the Regulations of Punishment of Misjudge" or not.In the third section, the writer talked about the contradictions between the "the Regulations of Punishment of Misjudge" and the modern judicial concepts, such as the contradition between "the Regulations of Punishment of Misjudge" and the "Free Evaluation", the contradiction between the regulationsand the...