Impeachment System

The Judge Impeaching System,that of judge's dignity safeguard systems, has been taking root and blossoming and playing the significant effect in judge occupation supervision system in many countries. It has both ensured judgement honest and upright and ensured a judge being exempted from being deposed willfully. Our country has only Judge Deposing System nowadays, which is inferior to Judge Impeaching System in many respects and has many defects in operation. Can Judge Impeaching System become the chief source of the reform of our coutry's Judge Deposing System? This paper connects the relevant theory of proceeding law science, constitutional science and political science to discuss Judge Impeaching System. It is divided into four parts together except the foreword.PartⅠ: Summary. It compares Judge Impeaching System with Judge Deposing System and Judge Punishing System, and suggests that Judge Impeaching System has double functions of ensuring judgement honest and upright and ensuring judge's rights. The modern Impeaching System is that the western country Parliament charges and sanctions the judge 's negligence of duty and criminal act, and forces the judge to bear legal liability. The judge deposition is one of the result of judge impeachment which also includes "innocent and continuous incumbency". Judge Impeaching System has obvious diversities with Judge Deposing System on the concrete exercising subject, running procedure, spiritual connotation. Judge Impeaching System is about Parliament's supervision to judge, and Judge Punishing System is about the internal supervision of judge occupation.PartⅡ: Reviewing Judge Impeaching System. Reviewing the anciernt Judge impeaching System of our country and the modern Judge Impeaching System of the western cuntries to absorb their cream parts. Impeaching System which has existed since ancientness in our country, accompanying with superbisor system, is one of the implements of feudalistic autocracy. But it is of great importance in rectifying workstyles of officials and soberizing social order and law. The modern Judge Impeaching System derived from England, came into being with British constitutional movement and came to the end with the constitutional government system of supreme Parliament establishing, but it was spread subsequently to many cuntries and brought to a greater height of development. There are two impeaching pattern, Parliament impeaching and constitutional court impeaching , in foreign popular Judge Impeaching System, represented by American-Japan and Germany respectively. American impeachment is put forward directly by House of Representatives, and tried by Senate; Japanese impeachment is operated by charging committee and judicial committee which are organized specially by Congress; Germany impeachment is put forward by Congress and tried by Constitutional Court. The three ones have the common characteristic : judicial and strict impeaching procedure and the impeaching cause of improper act.PartⅢ: Analyzing the problems of the active Judge Deposing System of our country. The Judge Deposing system is analyzed from two respects of legislation and practice. In the legal respect, the judge deposing subject of our country is too much, localized and administrative; the deposing causes ignore the damage of judiciary outside behavior, and the discharging causes are unscientific; the deposing procedure is administrative, and excessively simple. In the practical respect, the political system of "combination of legislative and executive powers" gives National People's Congress the authority to depose a judge at will; The system that Party is in charge of cadre makes the leader of Party Committee have the power to depose a judge individually, emphasizes judge's political quality ignoring judge's professional quality, and cuts down the authority of National People's Congress who holds the power to choose and depose a judge; the judicial system of administractive management requires the president of court to undertake political responsibility to National People's Congress and take the blame and resign in the way of "the leader responding", and makes judicial power administractive.PartⅣ: Structuring a Judge Impeaching System in our country. It provides the theoretic basis for establishing Judge Impeaching System in our country by demonstrating its necessity and basis, and designs Chinese characteristic Judge Impeaching System according to our national condition. Founding Judge Impeaching System is beneficial for developing democratic politics of our country, giving the people the rights to charge against a judge from bottom to top. It is beneficial for National People's Congress to correct the way to supervise the court which was confused with the way to the government of "leader responding", making the subject of judiciary responsibility clear. The impeaching system embodying constitutional government doctrine is more suitable to supervise a judge , and more accordant with the judicial fairness than the deposing system embodying democracy. It is also beneficial for purifying judge team, perfecting the judge dignity safeguard system. The theoretic basis that the western Judge Impeaching System builds on is supreme Parliament and decentralization countervailing theory. The political system of our country is obviously unlike the "tripartite political system" in western countries, but our country also has the basis to establish Judge Impeaching System: National People's Congress which is the organ of state power of our country, and the Chinese characteristic decentralization-restricting under the political system of National People's Congress. Reforming the judicial system of our country and establishing Judge impeaching system, we must abide by legitimate principle and resolve the legal problems first but not explaining with "the benign violation of the constitution"; we also must defend the principle of the judicial independence and cann't disturb judge to try according to law. The impeaching causes are designed by "improper act"standard, without "wrong judgement"standard which is fuzzy and has many defects. Finally, impeaching procedure is designed according to its judicial characteristic under the political system of our country, and Judge Impeaching System is established with two steps from embryo to mature. Firstly, reformed within current legal frame, deposing power is exercised by all of the various levels Standing Committee of the National People's Congress, and impeaching procedure is immited with some judicial elements. Secondly, we will revise the law and carry out a big reformation when the condition is mature. Trying committee and charging committee are set up under National People's Congress and provincial People's Congress separately exercising judicial authority and prosecuting authority, but they are not permanent organization, composed of for concrete impeaching case for the occasion. Its judicial procedure consults criminal procedure, and the testifying standard adopts "fact is clear , evidence is sure enough ". The impeached judge is given impactful rights to plead.