On The Mode Of Punishment Of The Judges Of The Republic Of China

During the period of the Beiyang National Government to the Nanjing National Government,through the institutional legislation to regulate the behavior of judges,a relatively complete set of judges' disciplinary modes was established to punish the judges who violated the law.A series of establishments and implementations of the judges' disciplinary mode will help promote the process of China's legal modernization,and also reflect the efforts and achievements of the judicial system in the entire National Government.This article will study the punishment mode of judges in various government periods of the Republic of China,in-depth study and analysis of the mode of judges' disciplinary punishment in the various government periods,sum up the characteristics and development trends of the judges' disciplinary mode during the Republic of China,and in the political pattern of this turmoil,judges disciplinary The role of the establishment of the model for the improvement of the judicial system and the reference role for the perfection of the judges' disciplinary model in China.This article is divided into five parts,each part of which is as follows:The first part introduces the reform of the judge system in the late Qing Dynasty.After the Opium War,the advanced judicial concepts of the West were introduced into China.Since ancient times,the system of administrative and judicial integration has been reset,and the independence of the judiciary has begun to take shape.The reform of the judicial system has led to the reform of the judge system.The establishment of the judges' disciplinary model is part of the reform of the judge system.However,due to the fall of the late Qing government,the model of judges' disciplinary has not been established.In the early years of the Republic of China,there was no strong government.Although Yuan Shikai had enacted relevant disciplinary laws and regulations and implementation methods during the government,the power of the president was too concentrated,so that the judicial power was not truly independent.Establish a standing position.The second part introduces the establishment process of the early judges' disciplinary mode of the Beiyang government,from the establishment of the initial mixed judge disciplinary mode to the independent judge's disciplinary mode.Through the summary of theJudicial Officer Disciplinary Law and the Judges Disciplinary Regulations,the disciplinary reasons,disciplinary action,disciplinary procedures and disciplinary committees,the legislative changes and content in different periods are continuously improved.The third part introduces the evolution of the independent judges' disciplinary mode to the mixed judges' disciplinary mode during the period of the Nanjing National Government.The same disciplinary mode applies to the disciplinary disciplinary and civil service disciplinary,that is,the Civil Service Disciplinary Law applies.Through the summary of the disciplinary object of the Civil Service Disciplinary Law,disciplinary reasons,disciplinary action,disciplinary procedures and disciplinary committee,it is found that the reasonableness of the judge's own behavior norms.The fourth part introduces the typical cases of two different judges' disciplinary modes,namely,the disciplinary committee's disciplinary incidents for judges and the civil service disciplinary committee's disciplinary incidents for judges,and comparative analysis of disciplinary effects under different disciplinary modes.The evaluation of the disciplinary modes of two different judges compares the two different modes of judge disciplinary,as well as the positive role of the independent judge disciplinary mode and the mixed judge disciplinary mode in different historical periods and their limitations.Need improvement.