Cases Analysis Of The Disciplinary Committee Of Judges In California

Since judicial fairness of judicial activities is mainly realized through highly independent and professional operation of judges, restriction over judges'power and disciplinary punishment constitute an indispensable part of the construction of the rule of law in modern countries. Generally speaking, the legitimacy of judicial independence will be doubted by the society amid the absence of supervision and restriction over judges'power. Reasonable restriction mechanism and effective discipline mechanism for judges must be established to achieve judicial independence indeed. At present, discussions about how to regulate judges'behaviors keep growing. How to coordinate independence of judges and effective discipline remains as an important problem waiting for solution.California, the first to punish judges' misconducts in the U.S., is an example followed by other states in the U.S.In California, a judge of misconduct is only right to start disciplinary grounds, any person who considers misconduct of judges, can complain to the disciplinary committee.The Committee to receive complaints, if there is some reason to believe that the complainant should initiate an investigation, after investigation, the judge misconduct has been established, it should be disciplined.The judges 'misconduct' covers a very wide range, including some of the official conduct of judges, including some non-official conduct, such as economic activities, political activities.Note that, in order to ensure the independence of the judiciary, the legislature in establishing judge disciplinary system, but also to judge the facts and applicable law provisions disciplinary penalty area. Starting from the judge disciplinary case in California, the thesis analyzes California's discipline system for judges and assimilates its reasonable points to propel the judicial reform in China.