The Research Of Judicial Discipline System On The Background Of Judicial Responsibility System

Since the 18 th National Congress of the CPC(Communist Party of China),the reform of judicial responsibility system has been steadily advancing.Its core meaning and scientific connotation are based on "Let the judges be responsible for the judges' decisions"."Let the judges make decisions" solves the problem of disorder in the operation of jurisdiction,while "Let the judges be responsible" solves the problem of accountability.In that context,improving the judicial discipline system is the key to put the accountability of illegal trial in place.Judicial discipline system is the main method to restrict the power of judges.And its rationality is directly related to the following two points: one is whether the misconduct of judges can be effectively restricted;the other is whether the power of judges can be impartially exercised.It is self-evident that the above two points are directly linked to judicial credibility.It is worth noting that the starting point of the judicial discipline system is not simply to punish judges,so the reasonable protection of the rights and interests of judges should not be neglected in the process of investigating the responsibility of judges.Except the introduction and conclusion,this paper is divided into four parts.The first part is the basic theory of the judicial discipline system.Firstly,this paper interprets the concept of responsibility with Hart's theory,clarifies the basic connotation of judge's responsibility,and puts forward the concept of judicial discipline system on this basis.Secondly,it introduces the main contents of judicial responsibility system to establish a framework for the reform of judicial discipline system.Finally,it emphasizes the necessity of judicial discipline system.The second part is the research of judicial discipline system in the abroad.This paper chooses four countries to analyze the judicial discipline system,which includes the United States,Germany,France and Japan.The reason for choosing the above four countries is that their systems are relatively good,and they are prominently representative between the common law system and the continental law system.In order to provide different perspectives for the system construction of our country,this part reviews the system design of these countries in the judicial discipline activities,and summarizes the characteristics and reasonable factors.The third part is the current situation and dilemma of our country's judicial discipline system.The judicial discipline system in our country follows the mode of punishing wrongful cases mainly and improper acts violating professional ethics supplemented by punishment.In practice,the judicial discipline activities are faced with three difficulties: first,the effect of the judicial discipline led by the court is not good,but the newly established disciplinary committee can't improve the current situation;second,the wrongful cases' punishment is difficult to define,and it also restricts the normal operation of jurisdiction;third,the judicial discipline activities are over administrative,and the judicial procedure has not yet been established.This part discusses the above problems and seeks the underlying reasons to ground the relevant measures.The fourth part is the improvement of judicial discipline system under the background of judicial responsibility system.This part tries to put forward some solutions to help the reform and improvement of the judicial discipline system.First,establish three principles: immunity of judicial responsibility,statutory obligation and due process.Second,establish specialized disciplinary subjects.Third,formulate the origin of the legal matter basing on behaviors.Fourth,establish the disciplinary procedure in judicialization.Fifth,strengthen professional security of judges.