Research On The Disciplinary System Of Judges

In the context of comprehensively advancing the rule of law,the reform of the judicial system is being carried out.With the intensification of social contradictions,and the enhancement of public consciousness of the rule of law,the call for justice is growing louder.This raises higher demands on the impartial judgment of judges.In order to achieve judicial justice,the first thing is to ensure that the judiciary is clean,and only clean can ensure the realization of judicial justice.Improving the judicial system can effectively strengthen judicial supervision,safeguard judicial independence and promote judicial integrity.This article hopes to solve the chaotic situation of the judicial disciplinary system in reality by studying the relevant issues.On the basis of foreign judges' punishment system,to improve the judicial disciplinary system so as to suit the judicial needs of China,this article uses comparative analysis methods to analyze the disciplinary system of judges in China in terms of disciplinary bodies,disciplinary procedures,and disciplinary matters.Firstly,we should clarify the concept of judge punishment system,and the purpose of establishing the judge punishment system.The purpose is not to punish the judge,but to promote and ensure the independent exercise of judicial power and judicial justice.The judge disciplinary system should be carried out under the guidance of this round of judicial reform,and the system should be consistent with the content of judicial reform.Secondly,we should study the historical origin of the punishment system of judges in China and the abroad,and use the useful experience of our country on the punishment of officials in history as reference to guide the improvement of the judicial disciplinary system in China.What's more,the paper describes our current judge disciplinary system completely,clear the problems of judge disciplinary system in China,for example,the unclear disciplinary subject,severely administrative color of the disciplinary procedure,absence of judicature,the guide resulted by the cause of punishment.Combined with the supreme people's court and the supreme people's procuratorate of the latest "about building the opinions of the judges,prosecutors disciplinary system(try out)"(hereinafter referred to as "the opinions of the judges,prosecutors and punishment system"),the paper analysis the regulation of our country local court to put forward the problem of judge disciplinary system.Our local court disciplinary systems still pay attention to the judgment,not pay attention to the judicial behavior problems.Finally,According to the problems in the real world,the author puts forward some Suggestions to improve the judge's punishment system.According to the opinions of the judges,prosecutors punishment ",at the provincial level to set up the judge disciplinary committee,responsible for the jurisdiction of judge disciplinary matters,clear the main body in the disciplinary authority and responsibility,perfecting the judicial judge disciplinary procedures,a clear distinction between the judge judicial behavior within and outside the judicial behavior of disciplinary proceedings,also give the judge the rights and interests safeguard of rights.The judge's disciplinary system can effectively improve the quality of the judges,the incompetent judges to clear out the judges,and improve the overall quality of the judicial team.At the same time,the judge's punishment system can effectively protect the lawful rights and interests of the judge,and promote the independent exercise of judicial power by the judge,without interference from the outside world.In short,perfecting the judge's punishment system is the supporting measure to promote the judicial responsibility system reform,and it is necessary to realize the judicial justice.