Preliminary Investigation Of Our Judges’ Judicial Immunity

In the country which under the rule of law, justice is the essence.The establishment of judges’ exemption system, to ensure the judge’s judicial independence and impartiality, makes the judge authority produce the maximum effect.Look from the international environment, the country under the rule of law has been basically established the judge’s judicial immunity system. Through the establishment of the judge’s judicial immunity system, to make the judge’s job security, to make the judge had not consider other external factors, only obey the law and his heart, legally independent and impartial exercise the jurisdiction, truly achieve impartiality and independence of the judicial. For this reason, the judge in an appropriate discipline and provide adequate job securities particularly important.At present, because of our country’s system of misjudged cases’investigation, such as standard uncertainty, the status about applicable files of specification is not enough, plus the lack of immunity to the judge in our country which make the judge convicted often occurred, and the conflict between the people and the judge also intensified. Only determine the judicial immunity of the judge, can protect the judge’s independence and the maintenance of justice. So the study of judicial immunity of judges has profound theoretical and practical value.Foreign study of the judge’s judicial immunity is start early and the content is more systematic and perfect. The thought is accepted by so many countries and even the international treaties. The system guarantees the rights of the judge and the independence of judicial. But because of each country’s historical origin and their realistic national conditions are different, the prescribed on the judge’s judicial immunity is also different. In this paper, we analysis and compare the countries of Anglo-American law system and continental law system countries to the regulation of the system, and also to compare the two major legal systems of the institutional rules of the differences and similarities, in order to draw lessons from other countries’rules and to develop a suitable judge judicial immunity system of our country. At the same time, because of the study of judge’s judicial immunity is started lately and the content is scattered, only use the fundamental words to described in the constitution. Although the "Law on Judges" and the "People’s illegal trial judge judicial personnel accountability measures" which is promulgated by the Supreme Court are giving the judge a certain basic framework of judicial immunity, but the provisions above are only in principle, it must be established a series of appropriate supporting systems to implement. In addition, for the problems of the judge’s judicial immunity which are generally accepted in the world, our law does not make any regulation. The new "civil servant law" is judge the judge into the civil servants again in the sequence, but it also not have any provision on the judge’s judicial immunity. Therefore, how to absorb the country outside’s mature experience, from the reality, how to protect the duty behavior of the judge needs us to think, in order to consummates our country’s judge judicial immunity. This article is using the method which is comparing the similarities and the differences between the continental legal system countries and Anglo-American law system countries, and also the similarities and differences between our countries and other countries, in order to sum up their experiences. We should create and perfect the judge’s judicial immunity system both in the external environment and internal systems, and also by analyzing separately from the level of legislative, the set of program, the level of economics and corresponding supporting system.