Study On The Security Mechanism Of The Judge Performing Lawful Duties

As an important part of the judge system construction, the security mechanism of the judge performing lawful duties plays an important role in "the construction of the legal system, deepening the reform of the judicial system, establishment of the judicial authority, improvement of the security mechanism for human rights". However, in the judicial practice, there are still many problems in the security mechanism of the judge performing lawful duties and even some places are in the state of absence of security. This problem affects seriously the initiate of the judges and the implementation of the executive power. According to the statistics, the judge ranks on the top of the highest resignation rate of the entire civil service sequence. If things continue in this way, it is bound to affect the implementation of a new round of the reform of the judicial system after the Fourth Plenary Session of the 18th CPC Central Committee. Therefore, "the judge to fulfill the statutory duties and guarantee mechanism" is an urgent need to improve the content of the secretary. Thus, the improvement of the security mechanism of the judge performing lawful duties is in urgent need.Apart from the introduction and the conclusion, this thesis is divided into five parts. The abstracts of these five parts are listed below:Part one:This section is mainly about the theoretical interpretation of the security mechanism of the judge performing lawful duties. This section discusses the concept, characteristics and classification of security mechanism of the judge performing lawful duties. Then, this section discusses the meaning of establishing and optimizing the security mechanism of the judge performing lawful duties.Part two:This section is mainly about investigation and revelation of the security mechanism of the foreign judges performing lawful duties. This part mainly discusses the basic structure and the achievements of the security mechanism of the foreign judges performing lawful duties. This will provide our country with some reference and inspiration to establish and complete the security mechanism of the foreign judges performing lawful duties.Part three:This Part discusses the problems the analysis of the reasons in the security mechanism of the foreign judges performing lawful duties and This part discusses the problems from six aspects such as personal safety, identity security, welfare, rewards and punishment system, judicial immunity and the operation of the new measures.And studies and analyzes the problems mentioned in the former part. Then this thesis analyzes the reasons from the aspect of system construction, financial support, the traditional legal culture and social aspects.Part four:This part puts forward some ideas on perfecting the security mechanism of the foreign judges performing lawful duties in our country. On the basis of the analysis of the security mechanism of the foreign judges performing lawful duties, this thesis discovers a problem and finds out the reasons. Combining our mechanism with the methods adopted by the ancient and the developed countries all over the world in the security mechanism of the foreign judges performing lawful duties, this thesis puts forward specific proposals to improve the security mechanism of the foreign judges performing lawful duties in China. These proposals include:setting up " crime of malicious violation of judicial officer’s safety " and adding "guaranteeing the safety of the judge’s personal safety" to the criminal law; constructing the elite team of the judges and greatly improving the salary of a judge; establishing a system of lifelong judges to provide identity protection for the judge to perform their duties; establishing a perfect rewards and punishment system for the judges to encourage the judge to perform their duties according to law; smoothing the channels of promotion for judges to create good environment for judges to perform their duties according to law; establishing the responsibility exemption system of judges to lift the worries for the judge practicing; giving the judges the full right to appeal and accuse and completing the relief security measures.