Research On The Judge Exemption System In China

Judicial justice is eternal theme,judicial justice and brightness or not relate to countries' rise and fall.China has always attached great importance to judicial supervision and constraints on judges,and establish a large strict content system about accountability of judges.However,as a critical guarantee for the judges to perform its functions in accordance with the law,the exemption system of judges is neglected,whose primary cause is that the judges have not been considerably trusted.In fact,judges hold the judicial power of case,determines citizen's life,and are responsible for the difficult mission to carry out justice of law,so judges are the external manifestations of legal authority.In some sense,the construction of rule-of-law society,is based on the belief of judges' authority and impartiality.Without the trust to judges,the trust to the legal system will no longer exist.Nowadays,the phenomenon of domestic judicial injustice and judicial corruption repeated,so to strengthen the responsibility of judges seems to be a powerful tool for judicial supervision.However,because the system design flaws and improper implementing,the accountability investigation system of judges has not only lost the original purposes,but might cause judicial interference in another way and worsen judicial corruption.Therefore,it can not really achieve the purpose of judicial justice solely by the responsibility system of judges.It is only to build and improve the judge immunity system and maintain full respect and trust to judges that can realize judicial independence and judicial justice.There are fours parts in this thesis.The first part expounds some basic theory of the judge immunity system,including the concept and characteristics of immunity system,the analysis of the relationship between the judge immunity system and the national political system,the relationship between the judge immunity system and the responsibility system of judges,clarifying the theoretical basis,necessity andfeasibility.The second part of the thesis makes a description about the theory and practice of the judge immunity system in foreign countries,and concludes the positive foreign experience.The third part analyses the present problems of the judge immunity system in our country and the reasons of it.The fourth part mainly explore the train of thoughts and direction for the establishment and perfecting of the judge immunity system of our country.