The Research Of The Judge Disciplinary Committee System Reform In China

In recent years,there has been a lot of judicial corruption and judicial discipline phenomenon,making the public questioned the judicial justice and undermine the Judicial credibility,and also exposed the shortcomings of our traditional disciplinary system for judges.In the third Plenary Session of the 18 th CPC Central Committee,the party put forward the reform of the judicial system,ensuring that judges exercise judicial power independently in accordance with the law,but also requiring the judges are responsible for the misjudged case,so we should set up the system of judge’s punishment,what is more important is how to set up the judge disciplinary institution to balance the relationship between judicial independence and judicial responsibility.The first part of this paper is the theoretical basis part,mainly introduces the legal basis of the judge disciplinary system and domestic mainstream views about setting up the professional judge disciplinary institution,analyzes the significance of the Judge disciplinary committee system reform;The second part introduces the current legislation and practice about judges disciplinary system in our country,analyzes the defects existing in the traditional judge disciplinary system like the institution lack of neutrality and professionalism,disciplinary procedure justice insufficient and relief approaches administration;The third part analyzes the personnel composition,and disciplinary procedures in the Judge disciplinary committee,demonstrates the advancements in the aspects of the expertise,procedure justice and judicial relative independence;The fourth part discusses the limitations of the Judge disciplinary committee reform,raise some questions include the Judge disciplinary committee lack of independence and right of start procedure,no relevant protection to make the disciplinary views effective,and no judicial relief ways;The fifth part in view of the problems existing in the reform,compares with foreign countries and Taiwan,analyzes how this countries and area establish the judge disciplinary institution and disciplinary procedures,then give some advises in institution setting,power boundary,safeguard measures and relief ways.