On The Identity Security System For Judges In China

With the improvement of rule by law in China,the justice occupation guarantee system has become an important issue.And it's the important content of judicial reform to safeguard and develop judge's status.In the course of exploring the judge elite road of Chinese characteristics,it is necessary to strengthen the judge's sense of identity and responsibility for his own profession,and to fulfill the duty of judges in accordance with the law and safeguard social fairness and justice.Under the guidance of the principle of ruling the country according to law,it is of great significance to carry out the research on the improvement of the system of judges' identity protection for building a contingent of well-educated,competent,qualified and disciplined judges.The judge is who exercise the judicial function in People's courts at various levels.The Judicial identity guarantee system is a system to protect the judges from exerting their worries and improve their professional sense of honor when exercising their judicial functions.The perfection of the protection system of judges' status in our country is not only the key to ensure the professional construction of judges in our country,but also the important measure to realize justice,high efficiency and authority of judicature.However,the protection of judges' status in our country has not been given due attention currently,and the relevant provisions of the law is also quite abstract,which is pretty difficult to perform effective protection of the judges in practice.Therefore,in order to better protect the judge's legal rights and safeguard the judges' independent and impartial trial and to maintain the stability of the judges' ranks,we put forward to the corresponding suggestions for improving the existing problems of our judges'security system.In terms of tenure system,there is no uniform standard for the term of office of judge,especially in adopting the uniform standard of servant law,which is easy to ignore the professionalism of judges' profession and result in uncertain terms,In the change of judgeship,the law of our country does not make the specific provisions and set prohibitive provisions on the transfer of judges,especially for the transfer from the judge to the non-judge career,transfer from the trial post to the cost of the trial position.Once the scope of the transfer was diversified,it will be easy to ignore the professional requirements of the judge career.If the judges can not be rationalized according to the characteristics of the professionalization,it will inevitably lead to the waste of judicial resources.In the aspect of retirement system,the retirement age of Chinese judges is too early,which will also cause great judicial resources waste.Therefore,in order to improve the above-mentioned problems and enhance the stability of the judges' occupation,such a judge system is proposed,which adopts the life tenure judge system in the Supreme Court and the long-term tenure system in other Courts.In addition,when making a decision on the change of the position of a judge,the judge's own will should be fully respected.In order to make the full use of judicial resources,it is also timely to extend the retirement age of the judge.In the issue of judges' dismissal system,the current legislation of our country is too broad on dismissal of judges,meanwhile tends to maintain the independence of the judges and the stability of their positions,which contribute to excessive flexibility and difficulty in grasping;Moreover,the procedure of appointment and dismissal of judges in our country is not specific enough.In practice,the procedure of dismissing and dismissing judges is often carried out according to the relevant procedures of ordinary civil servants with a strong administrative color.Therefore,in order to make the judges' dismissal system more scientific and systematically present reasons and procedure of judge recall,we should raise the legislative level of judges' dismissal,which are aimed at solving the problem of over broad judges' dismissal procedure,the messy content,low legislative level and so on,on the basis of integrating the content of removal system in Law on Judges.As one of the basic rights of judges,the immunity of judges 'duty plays a very important role in protecting judges' judicial functions according to law.To give better protection of judges,many other countries has given them full immune liability,and established a relatively perfect system of exemption from liability of judges.Even if according to the laws and regulations of our country,a judge incurs no civil liability for judicial acts and is protected by law,but many of the provisions have low effectiveness,and the content is not perfect,resulting in the exemption of the judge's liability.The scope of application is affected,our country has not yet established a system of exemption from liability of judges,many of the relevant provisions are floating on the surface,the content is neither deep nor specific.In the absence of the status protection of judges in China,constantly improving the mechanism of the exemption of judges is a necessary measure to protect the judges exercising their powers independently.So according to the above problems,we suggest make specific provision and the scope of liability exemption in the legislation judges and the judge liability shall be pursued strictly in practice strict censorship cases.The protection system of the judges in our country is complicated,such as tenure,retirement system are indispensable.With the deepening of the concept of the rule of law,People realize judges play an important role in resolving disputes and maintaining social justice as China's degree of legal system improves gradually.If you can't protect the judge's interests,the judicial authority is difficult to achieve.Therefore,in order to better protect the judge's legal rights and realize the judicial independence and justice,setting up a professional security system specifically for the judges which conforms to the legal rule to maintain the stability of judges is an important part of the current judicial reform.