Research On The System Of Disciplinary Committees Of Judges And Prosecutors In China

No punishment,no responsibility.Judges and prosecutors are important for guarding justice of a country.To encourage them to perform duties faithfully and treat rights cautiously,it is effective to prevent their misconduct as well as make the punishment timely,accurately and appropriately.In the judicial practice of China,it is usual to give disciplinary actions against the misconduct of judges and prosecutors.However,under the influence of multiple factors,such as history and reality,our disciplinary system of judges and prosecutors in China still has a lot of room to improve.In the past,although the theoretical or practical circles have noticed that the severe administrative tendency of the punishment judges and prosecutors,the poor responsibility of punishment institutions,the sca ttered and messed punishment basis in China,then gave some constructive suggestions.Nevertheless,due to the lack of top-level design,many proposals are still difficult to find institutional focus.Many effective measures lack an effective window of �merging� with the current judicial system.In the new round of judicial system reform centered on judicial responsibility system,the top-level design noticed the importance of the complete system of judges and prosecutors' disciplinary system for the implementation of judicial responsibility system.Naturally,the judges and prosecutors disciplinary committee were born.Under the circumstance of reforms and negotiations,the judges and prosecutors ' disciplinary committee can solve the traditional problems of the judges and prosecutors in China,but it should also focus on the opportunities and challenges brought by the environment,the synergy of reform and limit the scope of the judges and prosecutors disciplinary committee by defining judges and prosecutors base d on the staffing reform.On the basis of discriminating the power,function and significance of judges and prosecutors' disciplinary committee,it is clear that the current system of judges and prosecutors' disciplinary committee in China has an imbalance in the allocation of rights,narrow disciplinary reasons,unclear responsibility of disciplinary institutions,disordered disciplinary system,and lack of authority.For the above problems,suggestions can be put forward as follows: through the distinctio n between courts,procuratorates,disciplinary committee,judges,prosecutors and other different subjects,power adjustments were made to achieve a balance of power allocation.The disciplinary action that can be accepted by the limited expansion of the corre ctional institution ensures the substantive functioning of the disciplinary committee.Improving the setting of the disciplinary committee by standardizing the system,structure and the name of the disciplinary institution.Setting up the disciplinary committee's authority by establishing the legal basis of the disciplinary committee system and promoting disciplinary public protection.