Study On The Safeguarding Regulations Of Judge

To govern country according to law has always been the basic strategy of our party to lead people and rule the country. The eighteen session of the Third Plenary Session of the report highlighted the requirements to promote the construction of the rule of law in China. It ensured that judge has the power to do a trial individually and promoted judge safeguarding regulations. Also, the important meeting built the selection system of orderly exchange, improve the judicial personnel classification system. The eighteen session of the Fourth Plenary Session of the report even highlighted fair justice system and promoted legal professionals’ safeguarding regulations in performing their works. It is no doubt that people put more attentions on judge’s safeguarding regulations. With the slow improvement of Chinese judge’s safeguarding regulations, the legal view is more impressed to normal people. More regulations are revised gradually, the safeguarding system is improved as well.However, in legal practice, cases in reality are always complicated. Compared with developed countries, we still have many shortcomings no matter in mind or legal system. For example, judge selection system in our country is easily affected by politics, access standards are too low; the court is affected by three external intervention, the internal management system is not reasonable; China has not formed the true removal system and so on. Therefore, we need to study on developed countries’ regulation and rely on their advantages, then compared with our country’s specific situations. Only in this way, our country’s safeguarding can be improved and changed. Nowadays, China should establish the judge selection mechanism and the impeachment of special organs, in order to realize the process of appointing and dismissing judges to administrative and professional judges. Meanwhile, not only the strict access standards should be established but also the establishment of judges system and assistant system. Also, we should strengthen the central position of judge in the court. Moreover, to establish the position of a judge to exemption from therules is needed immediately to reach the objective that both punishment and remedy can be ensured clearly.In saying so, in China, the safeguarding regulations of judge are complicated and diverse, which needs a long time and tough revolution. In such procedure, some new systems and mechanisms are needed. Specifically, legal professionals cannot promote blindly, also, they cannot just wait as well. People cannot be completely closed in their own world and copy the experience of western countries. Instead, we should analysis concrete problems and establish a set of regulations conform to the national conditions of our country, which ensures that the judge safeguarding system has the characteristics of China. Only within a comprehensive regulation to judge’s safeguarding, can we basically achieve independent trial, fair trial and elite trial. Also,this is the way that normal citizens can do little one to help for the construction of the rule of law in china.