A Comparative Study Of The Cross-strait Judge Evaluation System

In modern judicial systems, it is well know that judges are quite important, but in the process of judicial judgment judge can make all kinds of errors, including the judicial corruption, judicial injustice and other illegal or improper behaviors. To safeguard judicial justice, the judge needs to be monitored and evaluated, at the same time the error behaviors of the judge to have accountability mechanisms to be investigated. Meanwhile, judges need to get inspired when exercise judicial power, but also have incentives to encourage. Some relative to evaluate the judge:judge accountability mechanisms、the judge exit mechanisms、disciplinary mechanisms for judges the evaluation mechanism for judges and judges incentives can collectively refer to be the evaluation system for judges. From the evaluation effect points of view, the evaluation system for judges, including positive comments and negative comments two meanings. Whether positive evaluation mechanisms or negative evaluation mechanisms, the judge evaluation system theory will involve two aspects:"evaluation" and "groups of judges.From the judgment system of evaluation theory, for the judge of this special group have exercise their respective powers independently in accordance with the law, discretion, the seal of the professional knowledge, such as trial-law and occupational characteristics, this paper has development for the content of the evaluation theory and the research path, and construct a kind of comprehensive evaluation system that can meet the judge group characteristics, Second level assessment mechanism including four kinds of pure evaluation model, that is judicial referee, administrative referee, self evaluation, On the structure of the article, a total of nine chapters, the introduction section describes the research background of the problem. The first part describes the theoretical framework and the scope of the study, demonstrated the judge evaluation theory building process in detail in this section. The second part introduces Taiwan the judge evaluation system development process and the current operating mechanism. The third part discusses the operational mechanism of the mode of administration of justice, focusing Comment Taiwan judicial disciplinary system for reference. The fourth part compares and analyzes the operating mechanism of the cross-strait Administrative judge mode, administrative punishment system of Taiwan area and the recall system, the executive disciplinary system of mainland area. The fifth part compares and analysis the operation mechanism for cross-strait self evaluation model, including assessment system in Taiwan and the mainland area of appraisal system. Six part analyses the characteristics. On the structure of the article, a total of nine chapters, the introduction section describes the research background of the problem. The first part describes the theoretical framework and the scope of the study, demonstrated the judge evaluation theory building process in detail in this section. The second part introduces Taiwan the judge evaluation system development process and the current operating mechanism. The third part discusses the operational mechanism of the mode of administration of justice, focusing Comment Taiwan judicial disciplinary system for reference. The fourth part compares and analyzes the operating mechanism of the cross-strait Administrative judge mode, administrative punishment system of Taiwan area and the recall system, the executive disciplinary system of mainland area. The fifth part compares and analysis the operation mechanism for cross-strait self evaluation model, including assessment system in Taiwan and the mainland area of appraisal system. Six part analyses the characteristics of the Taiwan District Judge evaluation systems assessment, including the principles of case-by-case evaluation, the evaluation committee of judges and court duties three major characteristics. Seventh part carried on empirical comparative analysis of the case of the cross-strait judges. The eighth part puts forward imagine of construction and development for mainland judges evaluation system. In this part, this article on the basis of comparative analysis of the cross-strait Judge evaluation system, combining with the contents of the judges evaluation theory, aiming at the shortcomings of judge evaluation system on the mainland, putting forward the following idea of the building and development for mainland judge evaluation system: building the judicial referee mode operating mechanisms, constraints, the administrative judge the running mechanism, perfecting the self evaluation mode of operation mechanism, the innovation of social evaluation model of operational mechanism, setting the judge evaluation area, etc. The ninth part is the epilogue of the paper.