Research On The Judge Disciplinary System In China

One of the important contents of our country's judge system is the judge's disciplinary system.The norm of judge's behavior is mainly realized by the perfect and perfect judge's disciplinary system,at the same time,it can also maintain the independence of the judiciary.The opinions on deepening the Reform of the people's Courts in an all-round way were issued by the Supreme people's Court in 2015,in which the Supreme people's Court explicitly proposed the establishment of a disciplinary committee for judges at the level of provinces(autonomous regions,municipalities directly under the Central Government).We can see that our country is determined to perfect the judge disciplinary system,which provides a basis for further promoting the development of the judge disciplinary system.The judge's disciplinary system is an important part of the judicial responsibility system.In order to ensure the effectiveness of the judge's independent handling of the case,it can also effectively prevent and control the illegal and disciplinary phenomenon of the judge in the judicial operation.There are still many problems in the current disciplinary system of judges in China,such as the failure to formulate standardized disciplinary procedures,the partial administrative disciplinary measures,the lack of scientific and reasonable regulation of disciplinary reasons,unreasonable setting of disciplinary subjects.The judge disciplinary system has important significance to the judicial norm of our country,it is necessary to carry on the in-depth theoretical research to it.Therefore,this paper intends to adopt the methods of literature research,empirical research,comparative research(Chinese and foreign),etc.,which is guided by the issue of the disciplinary system of judges in our country.To analyze and sort out the misconceptions and improper practices existing in the current disciplinary system of judges in our country,to reflect on the causes,and then to aim at the problems.In order to solve the problem why the judge should be punished and which aspects,how to punish,and how to remedy the right of the reprimanded judge.This article is divided into four parts:The introduction is mainly the research background and significance of this paper,then the research and analysis of the current situation at home and abroad,which lays the foundation for the later concrete discussion.This paper uses themethod of literature research and comparative analysis to write the article,and points out the innovation and deficiency of this paper.Taking the concept and connotation of judge discipline as the starting point,this paper analyzes and introduces the current judge discipline system in our country from many angles and aspects.Generally speaking,the complete content of judge discipline system mainly consists of several aspects.They specifically include disciplinary matters,subjects,procedures and measures.It also expounds the significance of improving the judge's disciplinary system,which is beneficial to the protection of judges' rights,the implementation of the judicial responsibility system and the promotion of judicial justice.In the aspect of the main body of the judge's discipline,the main body of the judge's discipline is mostly the internal functional department of the court and the people's Congress and its standing committee,in addition to the judge's disciplinary committee.At present,the main body of punishment is administrative,and the division of labor between the disciplinary committee of judges and other disciplinary departments is not clear;the measures of discipline are mainly to refer to the punishment mode of civil servants,which is unreasonable.Then from the disciplinary subject regulation is not scientific,to judge the responsibility objective light subjective,neglects the judge "the misconduct" and "the performance appraisal" the misreading four aspects carries on the in-depth elaboration.This paper analyzes the imperfect punishment system in China from the following three aspects: the first one is that the punishment system is not perfect.Influenced by the traditional thought that the judicial power is subordinate to the executive power;second,the lack of strong supervision by the judges;third,the influence of the different qualities of the judges.The fourth part,focusing on the current problems of the judge's disciplinary system,puts forward the perfect measures about the judge's disciplinary system.First of all,guided by the basic principles,following the four principles of punishment of judges,including the principle of subjective and objective consistency,the principle of legal responsibility for crimes,the principle of due process and adhere to the principle of unity of power and responsibility;At the same time,the law is based on the establishment of high-level,truly to deal with illegal and disciplinary judges in accordance with the law.Secondly,establish the system of scientific and reasonable division of labor and clear position of the disciplinary committee ofjudges,and establish the dual disciplinary standard of accountability and misconduct investigation of "wrong case".Thirdly,the establishment of practical disciplinary procedures,divided into Procedural disciplinary procedure and extra-procedural disciplinary procedure.Finally,in the disciplinary measures,the judges of different violations of the law and discipline to be classified punishment,flexible to deal with the punishment of judges.