On Improving The Judge Disciplinary System In China

Based on the power restriction and inner need of the independence of the judicature and promoting the realization of the law itself logic integrity, at the same time, in order to prevent the judge using right at will, the countries all over the world constructed judge disciplinary to prevent and punish the judge’s crime. The judge disciplinary system according to law is illegal act and negative evaluation system. The legal and effective for the judge to retribution, establishing reasonable disciplinary institution is particularly important, foreign judges disciplinary agencies are special disciplinary organs, to judge by special disciplinary institution within the judicial or judicial improper conduct retribution. Because of the judicial administrative is serious, and pursuiting formal justice and the judge quality isn’t good. the disciplinary system in our country is not independence from administrative as western country.Therefore, China has not constructed a professional characteristics disciplinary system, the judge disciplinary system has unreasonable disciplinary institution. Disciplinary reasons relying too much on as a result of the criteria for making judgments a crime shall be investigated for. Therefore, it must be more perfect under the idea of the judicature and the judicial justice macroscopic. National People’s Congress can be responsible for the judge’s impeachment, but the court itself still should be responsible for the judge’s illegal indiscipline disciplinary. The court should set up inside special disciplinary commission, and the concrete implementation disciplinary system enacted. At the same time to improve the disciplinary reasons, in keep the original reasonable legal disciplinary reasons at the same time, it should also add some legislation omission disciplinary reasons, and reform the judicial practice, it should not to judge judge’s crime by the criterion of program standard. The program administrative and fuzziness is also the big defects of our country’s disciplinary system, the judge disciplinary procedures shall be reformed too. The judge disciplinary procedures must be differ from administrative disciplinary procedures, and it should be exhaustive and feasible according to law.