A Comparative Study On Disciplinary System Of Judges In China And America

This article mainly discusses the disciplinary system of judges between China and the United States.Through a comprehensive elaboration of the disciplinary system of judges in the United States,this author compares it with the disciplinary system of judges in our country,then this writer analyzes the possible improvement of the disciplinary system of judges in China.We should learn from the punishment system of American judges,"Take the essence and discard the dregs".The purpose is to provide a useful reference for our judicial system.Among them,the disciplinary cause of the judges is the core of the disciplinary system.On the basis of China's national conditions and the advanced experience of the American disciplinary system of judges,this author proposes the effective countermeasures for the reform of the disciplinary system in our nation.It is the key factor to solve the shortcomings of our current system,and it is also the core issue that we should conduct in-depth discussion and research.This article mainly includes four parts.The first part mainly introduces the disciplinary system of judges in the United States,including the theoretical basis of the disciplinary system,disciplinary subjects,disciplinary reasons as well as disciplinary procedures.Because of different national conditions,the Federation and the states each have their own judicial systems,so there are two sets of judge disciplinary systems,this author has explained both of them;the second part introduces the current situation of the judicial punishment system in China.It also discusses from the four perspectives of the above subjects and causes,and analyzes the differences between the judicial punishment system in China and the United States and explains the reasons for the above problems;The third part mainly discusses the problems and shortcomings of the disciplinary system in China,such as the disciplinary system lacks unified provisions,the disciplinary standard is vague,and the administrative color is strong,and then concluded that there is a need to improve the disciplinary system of judges in China;The fourth part is mainly based on the judge disciplinary system described above and the areas where the judges punishment system of China can be improved,this paper proposes suitable reform suggestions.For example,the disciplinary causes should be changed from "result" to"action",the disciplinary standards should be clarified,and the disciplinary forbidden zone should be established to protect the rights of judges,some suggestions are put forward for the reconstruction of a complete judge punishment system in China.The possible innovations in this article are:After analyzing and summarizing the punishment system of judges in the United States,based on its research results,this author also puts forward constructive advice that are suitable for China's national conditions on the need to improve and perfect the punishment system of judges in China.First of all,this author does not directly translate or copy the explanation of the American judge punishment system,but analyzes it on the basis of understanding,and summarizes its characteristics and advantages.Furthermore,this author analyzes the problems existing in the punishment system of judges in our country.Due to the different national conditions,the American model cannot be completely copied.Therefore,it is necessary to build a punishment system in line with China's national conditions.Secondly,by collecting a large number of practical cases on the punishment of state judges in the United States,which are closely followed by the forefront,the previous introduction is too brief,and the relevant research literature is early.Most of the scholars only pay attention to the relevant provisions in the Model Code of Judicial Conduct,but there is little research on the practice,and many new changes have appeared in recent years.Through the analysis of the American state practice cases,this paper lists the typical trial cases in American judicial practice,and makes a full theoretical argument,which is also not involved in China's academia.Finally,the previous research cannot deny the scholars'contribution,but there is still room for improvement.They did not make a horizontal comparison between the American disciplinary system and the judicial disciplinary regulations in China.In fact,there are many differences between the American and Chinese systems according to the national conditions.By comparing these similarities and differences,we can get some points that our punishment system can use for reference.