Research On Judges' Punishment System

In terms of courts and judges,contemporary society has contributed to the protection of judicial independence,system,and law.However,the most fundamental thing should be the power of public trust.Therefore,for the courts and judges,the real threat to the foundation of judicial authority,credibility,does not come from the outside,but from its own internal source.It stems from the crimes committed by judges and other behaviors that do not conform to professional norms.These misconducts erode the credibility of the judiciary.Based on this,all countries in the world have established a judicial disciplinary system,all of which are suppressing and punishing misconduct of judges in order to safeguard the judicial credibility and the people's litigation rights and interests.A complete judicial disciplinary system consists mainly of disciplinary subjects,disciplinary grounds,and disciplinary procedures.Therefore,this article is divided into three parts.The first part is the subject of disciplinary action.After examining the regulations of extraterritorial countries,it analyzes and comments on the deficiencies in the configuration of the disciplinary bodies of judges in our country,and concludes that disciplinary bodies should be transformed from administrative to judicial Changes;the second part is the cause of punishment,but also the focus of this study.In the same way,through comprehensive inspections and comparisons of the textual provisions and practice determinations of countries outside the jurisdiction,we analyzed the problems existing in the setting of disciplines in China's normative texts and practices,and concluded that the reasons for disciplinary actions should be implemented from "correct cases of wrongdoing"to "the misconduct".The third part is the disciplinary process.The punishment of judges in extraterritorial countries generally follows the principle of due process of law.However,in China,there is currently a tendency to "attention the entities but ignore the procedures".Therefore,the author divides disciplinary proceedings into informal disciplinary procedures and formal disciplinary procedures.Starting with the initiation,investigation,decision,and relief of disciplinary actions,we have reconstructed a complete set of formal disciplinary procedures.It is hoped that a certain balance will be achieved between the punishment of the judge and the maintenance of the judge's independence,and it will be beneficial to institutional reform and practical operation.