Judicial Discipline System Under The Background Of Judicial Reform

General Secretary Xi Jinping pointed out that the reform of the judicial responsibility system is a "naked nose" that must comprehensively deepen the reform of the judicial system.The center of judicial reform is the construction of a "legal official amount system" and a "judicial disciplinary system." The current "French official amount system" has been fully completed,so the construction of a "judicial disciplinary system" is particularly urgent,especially important.As an important part of the judicial responsibility system,the judicial disciplinary system is a system that punishes and negates judges' violation of laws and disciplines according to law.It is also a guarantee system that ensures that judges exercise their judicial power independently and impartially.At present,although China's existing judicial disciplinary system is necessary and reasonable,there are still many problems,such as a large number of disciplinary regulations,a large range of responsibility,and a large number of penalties.Given the urgent importance of the judicial disciplinary system,it is necessary to conduct in-depth theoretical exploration.Although this article studies the disciplinary system of judges,the point of stay is independent of the judge.Only the independence of judges can guarantee the independence of the trial in order to maintain judicial justice and enhance the credibility of the judiciary.At present,the independence of judges faces many obstacles and the "judicial administration" phenomenon is particularly serious.Imagine that judges who are in charge of national jurisdiction have no difference with ordinary civil servants.The judges always accept the directives of the executive authorities.How can one expect the judges to make fair decisions independently?Moreover,"judicial administration" will inevitably lead to "judicial corrruption." In 2002,Wuhan's Intermediate People's Court corruption "whole case" shocked the judicial community.Four years later,the Shenzhen Intermediate People's Court was once again stuck in a quagmire of corruption.Huang Song,vice president of the Supreme People's Court in 2008 There was a dismissal.In 2015,another scholar-type judge,Xiao-Ming Xiao,fell out again.Every judicial corruption case deeply hurt the people's nerves,and the justice image of the judiciary can be said to have reached a freezing point.It can be seen from this that China's judicial disciplinary system is far from meeting the expectations of the public and that reforms need to move forward with great strides.In 2014,the central government decided to launch the first batch of trials for judicial reform in Jilin and Guangdong.One of the important contents of the division reform is to establish a sound judicial disciplinary system.Break down the chaotic standards of punishment in the past and establish disciplinary actions that comply with the laws of justice.Pilot regions have established judges and disciplinary committees with effective supervision,actively explored diversified and judicial disciplinary procedures,and gradually removed administration from the judicial field.This paper takes the implementation of the disciplinary system of the judges of the pilot district courts as a sample,and analyzes the main problems existing in China's current judicial disciplinary system,such as the administrative procedures of disciplinary proceedings,the irrational subject of disciplinary actions,and the misuse of the wrong case investigation system.Only by looking squarely at the problem can we solve the problem.Therefore,we must combine the theoretical research and practical application of judges' disciplinary measures in order to truly establish a system example of "reproducible" and "promotable".In order to establish a complete judicial disciplinary system,it is first necessary to clarify the basic principles followed by the disciplinary actions of judges,to adhere to the principle of unification of rights and responsibilities,the principle of statutory statutory responsibility,the principle of due process,and the principle of consistency between subjectivity and objectivity.Secondly,the four elements of disciplinary discipline-the subject and the cause.Starting from procedures and measures,establish a disciplinary body for judges with effective supervision,actively explore diversified judicial disciplinary procedures,establish disciplinary actions that conform to the law of justice,and construct disciplinary measures that highlight professional characteristics.The good implementation of the last system depends not only on this The perfection of the system itself also requires the support of relevant supporting facilities.To this end,it should establish a system of exemption from judge responsibility and strengthen the occupational security of judges.