Research On The Disciplinary System Of Judges In China

Since the third Plenary Session of the 18 th CPC Central Committee,we have comprehensively deepening the reform of the judicial system.The implementation of the judicial accountability system is the core and foundation for comprehensively deepening the reform of the judicial system.In order to implement the judicial accountability system,the state has implemented some reform measures.July 22,2016,Twenty-sixth meeting of the central leading group for comprehensively deepening reform reviewed and approved“Opinions on establishing disciplinary system for judges and prosecutors(Trial)” Emphasizing and pointing out,Establishing a punishment system for judges and prosecutors is of great significance to implementing the system of accountability for handling cases,promoting judges and prosecutors to exercise their functions and powers in accordance with the law and safeguarding social equity and justice.Establishing and improving the disciplinary system of judges is an inevitable requirement for the implementation of the judicial responsibility system.At present,most of the provinces in China have initially established a judge punishment system,and have set up a judge punishment committee in succession,only a few provinces are still planning.The problems in the current judge discipline system are mainly shown in the following aspects:The division of powers between the subjects of punishment by a judge is unreasonable,The relationship between the people's congresses,the internal supervisory departments of the courts and the judges' disciplinary committee needs to be further straightened out so that they can give full play to their main functions.In the field of judicial practice,the attention to the misconduct of judges needs to be strengthened.The concept of "wrong case" and "wrong case accountability system" should be confused as well as the relationship between them.The imperfection of disciplinary procedures and measures needs further adjustment and refinement.Based on the current judicial practice,through empirical analysis and comparative research methods,this paper analyzes the problems and causes in the field of judicial practice and draws lessons from the disciplinary system of developedcountries under the rule of law,trying to build a more perfect disciplinary system for judges with Chinese characteristic.This paper is divided into four chapters: the first chapter tries to define the punishment system of judges and summarize the basic principles of the punishment system of judges.Then it summarizes and analyzes its basic functions.The construction of the subject,cause,procedure and measure of the judge's disciplinary system should conform to the theoretical purpose.In chapter two,the article selects eight cases of judges' disciplinary cases that are representative and have greater influence in the country.The reasons for the cases of judges' disciplinary cases are rich,which can basically cover the problems in China's judicial disciplinary practices.At the same time,it selects five provinces for the establishment of the judicial disciplinary committee to analyze the situation.By summarizing the basic features of judicial punishment in our country and analyzing the underlying reasons behind it,it lays a foundation for establishing and improving the system of judicial punishment.In chapter three,the article introduces the judicial punishment system in the United States and Japan.The United States is the representative of the Anglo-American legal system,and Japan has the characteristics of both the Anglo-American law system and the continental law system.This paper summarizes the characteristics of the subject,subject,procedure and measures of punishment in the two countries.The judicature punishment system in the United States and Japan all reveal the combination of punishment and protection.The high sense of morality and dignity of the professional community of Japanese judges is an important guarantee for preventing judges from being punished and winning the trust of citizens in the judicial system.The fourth chapter,through the above three parts of introduction and analysis,writing in the first chapter the basic principle and function of the judge disciplinary system as the objective,through the analysis of the second chapter,the current characteristics and problems of the present judges disciplinary cases in China,through the analysis of the underlying reasons and draw lessons from the developed countries under the rule of law outside of the judge discipline,put forward the construction of more perfect judge disciplinary system with Chinese characteristics.