Problems And Countermeasures Of Chinese Judges' Personal Security Protection System

In recent years,the construction of the rule of law in our country has been continuously promoted,the degree of social civilization has been improved,the judicial environment has become better and better,and the professionalism and professional protection of judges have made great progress.However,with the economic and social reform and development,the people's production and life level is rising and the contradictions and disputes also increased rapidly,the court as a state organ to resolve social disputes,in recent years,the basic cases of the situation are increasing growth and complexity,on the one hand,the judge's business pressure is huge,on the other hand,the judge suffered personal injury concems.Some units and individuals vent their dissatisfied mood to the judicial personnel in accordance with the trial,even defamation and threats to against the judiciary.Judicial personnel often encounter all kinds of false accusations in their daily work,sometimes the intimidation of threats or defamation insult even spread to their families,which not only affect the professional dignity of the investigators,but also seriously undermined the judicial ecology.In addition to the introduction and conclusion,this paper is divided into four chapters.Section 1:Briefly on the Current Situation and Problems of Judge's Personal Safety.Focusing on the beginning of this year at less than a month interval,the two victims occurred in the incident,and reference to the 2006 Zaozhuang City,Shandong Province Intermediate People's Court and the 2008 Guangzhou City Intermediate People's Court of the two related research reports,Summarizes the present situation and existing problems of the current personal safety and security of our country judges.From the part of the injury to the personal safety of the incident,summed up the analysis of the characteristics of such injuries.Section 2 analyzes the main causes of the personal safety of our judges.The first reason is the particularity of the profession of the judges,and the second one is the lack of legislation to protect the personal safety of the judges:"Judge Law" is very general and vague;all kinds of "provisions" and "measures" are complicated and complicated;"Criminal Law Amendment(9)" improvement is still limited.In addition,the judicial and administrative aspects of security measures are not in place,the judicial police and public security organs outside the court can not protect the judge,there are some social reasons,including a small number of parties and the judge's own reasons and so on.Section 3:This chapter focuses on the protection of the personal safety of the judges.A brief overview of the British system of "contempt for court",which is widely imitated and borrowed,and the most experienced US-related measures on improving the personal safety and security of judges.The United Kingdom enacted "contempt of court" to ensure the personal safety of the judge,given the judge to judge "the crime of disrupting the court order" discretion;the United States in the personal safety of the judge's legislative protection,judicial protection and administrative protection are detailed and specific,The effect is remarkable.And then briefly introduce some of the civil law countries of the relevant system norms,and some rules of law,and summed up from the foreign national judges security system of personal security in the revelation.The final section elaborate suggestions for perfecting the personal safety protection of our judges.Based on China's own national conditions,current situation and through reference and reference to the foreign legal system,this paper argues that it can be improved from the legislative,judicial and administrative aspects,as well as the judge's own prevention measures.In the February this year,the Supreme People's Court promulgated the "people's court to implement the" protection of judicial personnel in accordance with the law to fulfill the statutory duties of the implementation of the"approach,make specific countermeasures in many ways,on the whole it is full of recognition and expectation,but on some aspects there is still no substantive breakthrough.