A Study Of Perfecting Chinese Judges' Professional Guaranree

Judge is the performer of judicial authority of a state,who is also the most important subject of judicial reform.Job security of judges,being as a significant part of the construction of professionalization of judges,plays a critical part in constructing a legal China and establishing judiciary authority,as well as pushing forward judges to do independent adjudication by laws.On the 4th Plenary Session of the 18 th Central Committee of CCP,CCP Central Committee's Decision on All-round Forwarding Several Key Issues Related to Law-based Governance was passed,which proposed a complete security mechanism for judge's performance.In Jul.2016,the General Office of CCP Central Committee and General Office of the State Council distributed a document “Rules on Protecting Judicial Officer when Performing Legal Responsibilities”,by which the job security of judges was further regulated and perfected.However,the actual situation in China is that the theoretical research has not bee deeply done,the supporting measures have not been fully available and relevant measures are still in short,which adversely affect the practice and implementation of judge's job security.So under this background,it is badly needed to figure out a way which is suitable for the actual situation in China and applicable for judge's job security in China;also,it is badly needed to attach more importance to studying judge's job security.It is known that to construct and perfect the judge's job security is a social system reform selected by the current time,which shall be based on the actual background in China---China is deepening the judiciary system reform.This paper,starting from two demands---academic demand and judiciary practice demand,uses empirical analysis method and comparative method to evaluate and analyze the current problems suffered by judge's job security in China via analyzing and studying the judge's job security in foreign countries.Then on the basis of the analysis,this paper proposes the countermeasures used to optimize the judge's security in China.Except the Preface,this paper includes four sections:Section I: theoretical analysis is done on judge's job security.This section mainly introduces the concept and meaning of judge's job security.Then from three aspects(judiciary system reform,judiciary value and judge's professionalization),it analyzes the necessity of establishing and perfecting the judge's job security.Section II: an overseas survey on judge's job security is done.This section introducesinternational standard files,relevant situations existed in civil law system countries and common law system countries in terms of the security of judge's professional rights,the security of judge's working identity,security of judge's job economy,security of judge's professional privileges and the security of judge's job safety.The results made by overseas survey can provide experiences for establishing and optimizing judge's job security in China.Section III: based on the empirical investigation on the problems linking with judge's job security,this section introduces the problems suffered by the security of judge's professional rights,the security of judge's working identity,security of judge's job economy,security of judge's professional privileges and the security of judge's job safety.Then,this section figures out the factors affecting this problems include social ideas institutional environment,professionalization of judges and other factors.Section IV: this section focuses on the power to judge the job security protection,identity protection,economic security,privileges,security,personal safety and security system is proposed to build specific countermeasures.