Bad Faith Conducts Of Judges In Litigation And Related Regulations

In civil proceedings, the principle of good faith throughout the proceedings.In criminal proceedings, although the principle of good faith not clearly defined, but it plays an important role in regulations. In reality, the behaviors of judges violate the principle of good faith, in this paper, we referred to herein as bad faith conducts of judges. The bad faith conducts of judges lead to damaging the legitimate interests of the litigant, and seriously damaging the credibility of the judiciary, undermining the legal order and image of the country, looking for measures for regulating bad faith conducts of judges is an important and urgent task.About bad faith conducts of judge, the study in this area is still relatively small in China. In this paper, the author will analyze the disadvantages of bad faith conducts of judges, the reason of the bad faith conducts of judges and identification standards, then conclude with some measures to regulate the bad faith conducts of judges, and thus provide a theoretical reference for further regulate judicial conducts and implement the principle of good faith. This article in recognition of good faith principles applicable to judges premise writing, divided into the following sections:The first part describes the types and the meaning of bad faith conducts of the judge, and that part will be divided into violations of law, abuse of judicial discretion; surprise attack in trial. Then the paper put forward three criteria, the subjective aspect of judge deliberately, the damage results caused by the behavior, causal relationship to identify bad faith conducts of the judge. If the judge meets the three conditions above, you can finds their behavior is described in this paper called bad faith conducts of the judge.The second part, the paper analysis the disadvantage of bad faith conducts of the judge from the system aspect, the economic aspect, practical aspect, which not only undermines judicial fairness, damage the credibility of justice, but also caused the proceedings not economic, not only prejudice the legitimate interests of the parties, but also seriously damage the authority of the law, it can not fundamentally resolve the dispute.The third part, the paper analyzes the reasons of bad faith conducts of the judge from a moral level, the institutional level, the operational level, for bad faith conduct of judges, except with the judge about their own low moral quality, the country not perfect in the proceedings of some systems, the judiciary does not run well also lead to bad faith conducts of the judge.The fourth part, the part reference to judicial experience abroad, put forward the idea of regulating the bad faith conducts of the judge. For judges, the paper put forward to establish the system of personal integrity system of judges and distinguish judges' professional, lead into the judge impeachment system, etc.; for the court, the court should separate from the executive, reform the examination system of judges. Finally, making up the lack of litigation proceedings and make it perfect.