Research On The Disciplinary System Of Judges In China

The concept that "the one who tries judges and the one who judges takes the responsibility" at the Third Plenum of the 18 th CPC Central Committee repuires for independent judge performance and judicial authority where anyone who judges against the law shall be punished. In China, judge disciplinary punishment system is an important part of judicial responsibility system, yet due to various reasons in practice, serious wrongful criminal convictions are frequently disclosed in recent years where public expectation for judicial credibility is threatened.The misjudged-case-investigation mechanism Implemented throughout the country is released nationwide. However, it results in general criticism for it goes against law of legal system and professional characteristics of judge, leading to both public dissatisfaction with ineffective punishment and judges' complaints about excessive disciplinary restraints. The problems of superficial research, inaccurate understanding, inflexible application,lack of system design is not scientific, effective operation environment of soil,and ineffective performance occur.With the step-by-step popularization of pilot judicial system reform in China, it is urgently required for macro grasp, innovative concept, micro design, and appropriate arrangement. In this paper, based on comparative analysis and qualitative analysis, the author inherits Chinese governing culture tradition especially in the experience of the feudal legal system developed in the Tang dynasty and the practical management of severe the experience of the early Ming dynasty.In current judicial system reform by referring to advanced concepts and techniques of judge disciplinary punishment abroad, takes cultivating judges of professional ethics and law spirit according to rules of justice, disciplinary punishment and system as the target, and analyzes misunderstanding, predicament, and inappropriate practice of present judge responsibility system and disciplinary punishment regulations as well the reasons and countermeasures to conclude the reason, contents, and manner of judge disciplinary punishment and the right relief of the judge punished. And, the author analyzes the precondition of judge disciplinary punishment, definition of punishment cause, setting of punishment organization, and specification of punishment procedures and categories, and proposes concept of judicial independence to make system arrangement in current political framework and turning result-oriented punishment to behavior-oriented punishment where for any misconduct (including occupational and non-occupational misconduct) of the judge that causes reasonable public doubt about judicial fairness and negative effect on judicial credibility, the judge involved shall be punished irrespective of the other sequence arising therefrom; independent judge disciplinary committee shall be set in the judicial system where general public can be absorbed to participate to avoid illegal shelter; unified judge disciplinary punishment law shall be formulated to regulate the punishment procedures and categories. In addition, the author emphasizes the system and mechanism environment for effective operation of judge disciplinary punishment, i.e. those closely correlated on judge election, judicial authority, judge performance evaluation, judges' professional guarantee on identity, safety, rank promotion, and remuneration, and based on the judicial law and professional characteristics and adhering to the principles of CPC in charge of cadres, truth from fact, and combination of responsibility and fault, punishment and exemption, as well punishment and education, expects establishment of practical and feasible judge disciplinary punishment system in China that applies for global and national conditions in the new era to push forward scientific, comprehensive, and coordinated reform of judicial responsibility system and judicial system reform and "make the people experience fairness and justice in every judicial case".