Research On The System Of Judge’s Punishment Under The Background Of Judicial Responsibility System

With the continuous development of the rule of law in our country,the punishment of judicial corruption has been strengthened,and the judges who are playing a more and more important role in the maintenance of Justice.The reform of judicial responsibility system provides the possibility for the realization of the disciplinary system of judges.The judicial responsibility system to judge disciplinary system put forward new requirements and direction,judge disciplinary system is the key to the reform of the judicial responsibility system to judge disciplinary system on the stability of judicial personnel and guaranteeing judicial independence and justice far-reaching.Under the background of the judicial responsibility system,the judge should be responsible for the situation,and what kind of responsibility should be assumed.What is the nature of the responsibility of the judicial responsibility system,and what is the standard and scope of the judge’s accountability.In order to effectively supervise the behavior of judges and ensure the justice of judges,the disciplinary system of judges has been widely developed in many countries.China has also established the basic system of judicial review in the judge law and the civil servant law.But the legislative provisions on the judge disciplinary is more abstract,and the principle of judge disciplinary system for judges disciplinary punishment,punishment judge procedures,including the relationship between the legal responsibility system and accountability system lack of regulations.Therefore,the legislation on the actual operation of the judge disciplinary system is still a lack of standardization of the targeted,can not achieve the legislative objectives of the system.Such defects in the judicial responsibility system under the background of the reform,the performance is more obvious and prominent,in other words,the judge disciplinary system of the specific background,the pursuit of the reform of the judicial responsibility system to the judicial responsibility seriously prompted the judge referee,prompted the judge to judge independently the goal is difficult to achieve.Therefore,it is necessary to study it deeply.For the construction of the disciplinary system of our country to judge from the disciplinary subject,disciplinary reasons,disciplinary measures and disciplinary procedures four aspects to build,thedisciplinary system should not only consider the effective regulation on the conduct of judges,but also to avoid undue interference on the independence of judges.Therefore,the subject of the penalty setting must highlight its authority,but also to avoid the improper intervention of the judicial administrative power;disciplinary reasons to determine the misconduct of judges as punishment standard,and emphasizes the importance of avoiding the improper intervention of the judge;disciplinary procedures is a diversified way to expand,to ensure the flexibility of punishment fairness and efficiency,avoid improper infringement of judge independence behavior;a progressive system of punishment by disciplinary measures,the formation of deterrence the adequate and effective incentive.This paper mainly through the following six parts to research the judge disciplinary system: the first part,the introduction part,mainly introduces the research background,research significance,research methods and research review;the second part introduces the characteristics of the traditional judge disciplinary system and judicial responsibility system,by comparison to find the conflict between the two,to find facing the difficulties in the reform of judicial responsibility system;The third part,analysis of the status quo of the disciplinary system of judges in the judicial reform,mainly through legislation and practice problems problems are analyzed,in order to find the perfect judge disciplinary methods and ways of the system;the fourth part,put forward the judge disciplinary system reform should follow the principles,so as to grasp the basic direction of judge disciplinary system;The fifth part,put forward specific mechanism of judge disciplinary system improvement suggestions,including institutions,disciplinary reasons,specific measures and specific procedures,in order to further improve China’s judge disciplinary system.The sixth part is the conclusion and prospect,in the hope that this study can benefit the construction of the disciplinary system of judges in china.Through the comparative study of law,China’s traditional judge disciplinary system and judicial responsibility system comparison,find out the conflicts between the two,to pave the way for constructing a reasonable judge disciplinary system,and as a judge disciplinary system reform to provide constructive suggestions.