A Study On Ensuring The Personal Rights And Interests Of Judges Under Present Judicial Theory

With the fast development of economy of China and improvement of legal system, law has influenced people’s daily life in every aspect. All levels of law courts have to deal with more complex affairs; judges are facing more occupational risks. Under the legal theme of justice for the people and maintaining stability, judges are playing multiple roles, which means that they are inevitablly at the forefront of social disputes. In recent years, misunderstanding and accusation against judges keep on the rise; cases of judges being libelled, cursed, humiliated, threatened and hurt take place now and then. It is urgent to build favorable judicial order, renew judicial authority,and ensure personal rights and interests of judegs in the present legal process.The current research is divided into four parts to argue the personal rights and interests protection for judges. At the first part, it researches the judicial idea of historical change since China’s reform and opening-up, and the dilemma of judge role in the current judicial concept. At the second part, it mainly researches the status quo and causes about the personal rights and interests of judges. Firstly we define the personal rights and interests of judges, expounds its connotation, extension and compare the similarities and differences among several related concepts. Then elaborate the status quo of personal rights and interests for judges from personal safety,as well as physical and mental health respectively;finally we analyze what lead to problems of personal rights and interests for judges. The third part, mainly research relevant practice the personal rights and interests protection for judges from the perspective of comparative law at home and abroad. This chapter first analyzes the current legislation to the personal rights and interests protection of judges, and examine the personal rights and interests protection practice for judges from abroad, and then points out the insufficiencies of domestic legislation by comparing the similarities and differences of he personal rights and interests protection of judges between the domestic and the foreign, and provide a base for the fourth part of this article. The fourth part,mainly research how to improve laws of the personal rights and interests protection for judges in China. Based on previous chapters, problems in the personal rights and interests protection of judges, and draw lessons from foreign practice in the personal rights and interests protection of judges, the current research offers proposals to protect personal rights and interests for judges.In the conclusion, the present study points out the fundamental strategies for the personal rights and interests protection of judges.