On The Improvement Of Resumption Safeguard Mechanisim For Judges

The judges as arbiters of social disputes, their performing duties properly and adequately has an important role in dispute resolution. Therefore, building the corresponding resumption safeguard mechanism and creating a favorable environment for them to perform their duties are particularly significant. The Fourth Plenary Session of the 18 th proposed to promote comprehensively the rule of law, to accelerate the construction of a socialist country ruled by law, to construct the safeguard mechanism of the judges to perform their duties, and to let the judges become the faithful implementation and the maintainer of the rule of law, which has a positive effect on the realization of the rule of law and building a country under the rule of law. At present, the resumption safeguard of judges has not been perfect in our country; some aspects of the security has not been properly implemented; the corresponding resumption safeguard mechanism has not established; so that it is common that the judges in the performance of their duties were infringed, which makes judges in a position of embarrassment in the process of law enforcement and seriously affects the judicial authority. It is not only inconsistent with China's ongoing judicial trend, but also with the intention of construction of our country under the rule of law. In contrast, there is more perfect safeguard of judges to perform their duties in the process in a lot of developed countries, and they have established the corresponding resumption safeguard mechanism, as a consequence, they create good conditions for judges to perform judicial power loyally. Therefore, this paper using the status quo of Xixiu District People's court judges resumption safeguard as an example, analyses the legal issues involved in the practice of our country judge to perform their duties, reveals the plight of the status and existing legal protection and gives ideas and suggestions to further perfect the legal system of our country in this regard. In view of the above problems, first of all, explain the related theories of the resumption safeguard, to provide a theoretical basis for the following discussion. Secondly, combining with the practice, analyze the necessity and feasibility of establishing the judges' resumption safeguard, and lay the foundation for the discussion below. Again, through investigating the Xixiu District People's court judges' resumption safeguard as the starting point of this research put forward the research problem and research object.Then analysis the status quo and existing problems of our judges resumption safeguard, and provide direction for perfection of the following judges resumption safeguard. Then expound the theory of foreign judges to resumption safeguard, and provide the reference for the judges to perform their duties for security perfection. Finally, based on the above discussion and analysis of the judges resumption safeguard, in view of China's current judges resumption safeguard status quo, on the basis of the improvement of the related system supporting the reform of the system, perfect including the safeguard of judge profession power, identity security, economic security, security, vocational education guarantee, privilege guarantee, judges resumption safeguard mechanism.