Study On The Disciplinary System Of Judges In China

The realization of judicial justice rely mainly on the judge in the judicial activities in a high degree of independence and professional works.At the same time,the construction of modern country under the rule of law also need the restriction and punishment on the judge.The lack of supervision and restriction of judges’ power makes the legitimacy of judicial independence subject to social suspicion.In order to realize judicial independence in real sense,improve judicial credibility,establish reasonable and effective judge restriction mechanism and lawful punishment system become the most important.From the perspective of the development of the judge’s liability system in China,a large part of the opinion advocated the wrong case as the basis for holding the judge’s responsibility.The mode of handling the case has made the judge take too much occupational risk,which is not conducive to the exercise of the independent judicial power,which will affect the judicial credibility.The thesis apply the United States and Germany,which are representative of the Anglo-American law system and continental law system,in order to conduct a comparative study on the disciplinary system of their judges.The United States has established two relatively complete disciplinary systems for judges because of its independent judicial system.The subject of punishment considers the independent elements,and pays attention to the judge’s extra-judicial behavior in the punishment,the punishment procedure is more detailed,and the penalty area of the judge’s punishment is stipulated.Germany and China as the civil law countries,its disciplinary system also has certain security administration color,but the judicial position on the choice of retribution for notice wrongdoing,pay attention to people’s confidence in judicial,and determine the state’s liability for the judge.It has reference significance for the construction of a country under the rule of law to construct a judge disciplinary system with Chinese characteristics.Finally,through the discussion of the preset situation and problems of the punishment system of our judges,the defects in the present system are found.The construction of the rule of law society,to realize the unification of the responsibility and rights,setting up the disciplinary system obeys the law of the trial run,should pay attention to the transition from a single punishment to adhere to the professional guarantee and liability coordination mode,adhere to the disciplinary standard dual mechanism,setting up the disciplinary action type of program.At the same time,the administrative management color of punishment judge relief procedure is played down,and the disciplinary procedure of judicial mode is constructed.