Research On Judge Disciplinary System

Disciplinary judge misconduct is an important part of the judge management system.In response to this call,countries have established specialized institutions for judge punishment.In today's society,with the increasing awareness of the legal system among the masses,the law and the courts have played an increasing role in social and economic life,and people are paying more and more attention to the professional discipline and conduct of judges.However,a difficult problem facing judges 'various practice is whether the principle of judicial independence will be harmed by the establishment of the punishment system,and whether the accountability of judges will become a shackle that constrains judges' independent trials.Therefore,the ultimate research purpose of this article is how to find an optimal balance between strengthening judicial supervision and guaranteeing judicial independence.Not only can it guarantee the judges to handle cases independently,but also they can scientifically and reasonably prevent judges from breaking the law and discipline in the process of judicial operation.For that reason,this article analyzes the theory for China's judges 'punishment system and its entire framework system,combined with extraterritorial experience to find out the shortcomings in our system and propose relevant suggestions to improve the judges' punishment system,ensure fair justice and judicial independence,enhance the credibility of the judiciary and promote the reform process of the entire judicial system.This article is mainly divided into the following four parts: First,it mainly introduces the theory of power restriction and judicial independence,and clarifies the scope of disciplinary actions,the judicial nature of the disciplinary subject and process,and strives to make the judges more effective role of the disciplinary system.Second,it mainly introduces the judges' punishment system in the United States,Japan and Germany.Through the comparative analysis methods,this article researches and compares the judges 'punishment systems in the United States,Japan,and Germany,and finds the advantages of judges' punishment systems in these countries,learns from them and summarizes them to provide learning for us.Third,it mainly introduces the obstacles and problems existing in the current operation of our country's judge punishment system.Due to space limitations,this article cannot comprehensively and systematically discuss the problems faced by China's judge punishment system.Therefore,it mainly focuses on the structure of the judge's punishment system including some issues in the system such as subject,cause,procedure and measures.This article strives to reveal some problems that cannot be avoided in the process of the judicial system in China through in-depth analysis.Fourth,it mainly introduces suggestions for improving the system of disciplinary judges in China.This part synthesizes the problems and lessons existing in the previous parts of our country's judges 'punishment system,and draws on the experience of relevant foreign punishment system.And it also puts forward some suggestions specifically,which aims to be "the right medicine."...