Research On The Judges' Occupational Guarantee System

As a state power,judicial power does not automatically realize its own functions and values.The realization of its own functions and values requires judges' judgmental actions.At the same time,the judge serves as a gatekeeper of justice.The state has given him special powers and expectations.The judge's occupational environment is directly related to the realization of judicial justice and judicial authority.Therefore,since the Fourth Plenary Session of the 18 th CPC Central Committee decided to implement the reform of the judicial system,the construction and improvement of the judicial protection system for judges has always been the focus of judicial reform.Under the general background of governing the country according to law and building a socialist country under the rule of law,the report of the 19 th National Party Congress clearly stated that "Efforts must be made to make the people feel fair and just in every judicial case." The party Central Committee with Xi Jinping as the core strives to eliminate problems affecting judicial justice and restricting the deeper level of judicial capabilities,and pushed the judicial reform to a completely new stage.Judicial reforms have introduced a series of reform measures in response to various constraints that affect judges' exercise of their jurisdiction.Judging from the actual effects,the professional rights of judges have been fully guaranteed.The phenomena of judicial corruption,injustice in justice,and unjust,false and wrong cases have been significantly reduced,and the people's sense of judicial gain has been strengthened.However,any reforms are advancing in exploration.Inevitably,reform measures will inevitably lead to multiple problems.Judicial reforms are no exceptions to various measures to improve the judge's job security system.Only by thoroughly solving these problems can we promote the successful completion of the goal of judicial reform.This article is divided into five parts.The first part is the basic overview of the judge's job security system.First of all,the author builds on the existing research results of this concept in China and combines his understanding of this concept to define the judge's job security system.It is a general term for a series of systems established to ensure that judges can perform their duties in accordance with the law,independently,and impartially,in terms of their professional status,occupational power,occupational income,and occupational safety.Immediately after the beginning of modern China,a clear understanding of the development of the judicial protection system for our judges was made.Finally,it points out that the perfection of the judge's job security system is of great significance to the implementation of China's "Judges Law",the process of accelerating the judicial reform,the goal of realizing the judicial reform,the realization of judicial justice and the promotion of judicial authority.The second part is the introduction of the content of the judge's job security system in China.The author gives a detailed introduction to the content of the judge's job security system from the four aspects of identity security,power security,economic security and security protection.The third part takes the United States as an example to introduce the professional security system for judges outside the United States.The lifelong system of judges,judicial immunity system,high salary system,and security system can provide good extraterritorial experience for the judicial reform of China.The fourth part is the insufficiency of the judicial protection system for judges in our country.The fifth part is the perfect proposal.The inadequacy of the first manifestation of failing to establish an identity security system compatible with the profession of the judge is manifested in the fact that the excuse of exemption from the judges prescribed in the Judges Act is too principled,resulting in the dismissal of judges;The relevant provisions of the Civil Servant Law and the numerous resignations and resignations of judges did not reflect the professional characteristics of the judges;the implementation of the post system led to the serious resignation of the judges;the disciplinary system also suffered from major deficiencies,mainly due to the lack of power of the disciplinary committee.The punishment still has a very strong administrative color.In order to solve the problems existing in the system of the protection of the status of judges,it is necessary to gradually implement the tenure system of judges from the top down on the basis of building an elite team of judges;to establish a special "Judge's Resignation and Dismissal Provisions" to unify the dismissal of judges;to learn from the US case."The method of calculating the weights" reasonably determines the standards of the post of the court,and at the same time increases the proportion of judges' assistants to lighten the burden of the judges on the cases and reduce the loss of judges;details the relevant judges to punish the cause to avoid arbitrariness,and gives the disciplinary committees to initiate disciplinary procedures and evidence.Investigate and part of the entity's disciplinary rights to avoid the administration of judges' disciplinary actions and regulate the disciplinary procedures of judges should give the judges the right to appeal to the disciplinary committee against the disciplinary decisions of the judges to ensure that the disciplinary committees externally supervise the court disciplinary actions.The judge's exercise of power in accordance with the law still has institutional and practical obstacles,which shows that the judge's right to exercise trial will still be intervened by the internal and local governments and the authority of the rights of the court;the phenomenon of leading cadres intervening and intervening in judicial cases occurs,the absence of the legislation on the exemption of judges' responsibility and the end of the responsibility of the judges.The body system often makes the judge in the danger of being held accountable;due to the deviation of the recognition of the judge's complaint system and the lack of the procedure of the judge's complaint,it is difficult for the judge to maintain the right way when the rights are violated.In view of the problems existing in the security of the judge's power,the suggestions are as follows: the court set up a "super collegial panel" to standardize the trial of the trial committee,at the same time,clear the scope of the trial of the case,and implement the unified management of the people's property and property to eliminate the court's dependence on the local government of the same level,and organize the leading cadres to organize the red head documents.The action of intervening judicial case trial is included in the prohibition,at the same time,it is necessary for the leading cadres to intervene and intervene the subject of the judicial case record,to clarify the responsibility of non record,and to write the exemption of the judge's responsibility into the law of the judge,to make it up to the legal height and to change the result oriented responsibility logic for the judge's responsibility tenure system.In order to eliminate the misgivings of the judge,the judge should change the thought of "official standard",set up the consciousness of safeguarding rights,and perfect the relevant provisions of the procedure of complaint and accusation,and unimpede the channel of the judge's complaint and accusation.The status quo concerning the judge's salary,insurance,and welfare benefits is still relatively low,and the sound suggestions are: First of all,it is necessary to establish a judicial idea of high salaries and honesty.Secondly,on the basis of the legal officer system,the salary level of the judges is increased,a wage system adapted to the sequence of individual judges is established,the salary of the judges on the first line is increased,and the system of special salary for the central salary of the judges is established to maintain the high salary of the judges.Finally,the insurance and welfare system for judges should be improved.For the threat of the occupational safety of judges,a special chapter should be first set up in the "Judges Law" for the personal security of judges.Secondly,in criminal law,the "crime against reprisals for judges" and the establishment of "contempt of court" in Britain can be considered to protect judges.In terms of personal safety,the “Judicial Personnel Performance Security Act” should be issued to protect the personal safety of judges.