Research On The Judge's Punishment System In The Context Of Judicial System Reform

At present,China is in a critical period of deepening the reform of the judicial system.Different from the previous reform of the judicial system,this round of reform proposes that we should respect the law of judicial operation,break out of the inertia of administrative logic,and deepen the reform of the judicial responsibility system and its supporting systems.The current reform of the judicial system has made some stage results,such as pilot reform of the judicial system,system to carry out the specific number,across administrative court trial reform,part of the province(municipality directly under the central government)judges,prosecutors,the establishment of the disciplinary commission,etc.,but the deep reform of the judicial system also needs a long time,the reform of the judicial system is still in the preliminary exploration stage."Let the trial judge,the judge is responsible for the" are two aspects of the judicial system,check the supreme people's court issued a series of files will know that the center of gravity of the current judicial reform is to achieve "have the trial judge," but whether judicial work centered on trial,the judge,to guarantee the independent jurisdiction over whether these aren't easily get answers,by contrast,can judge how responsible,responsible,negative what responsibility is intuitive,so the author choose the judge disciplinary system in the reform of the judicial system development and the insufficiency as the research content,Through the analysis of such a "small" system to explore the context of the judicial system reform,for the reform of the judicial system to provide some reference.As one of the most important subjects in judicial activities,judges' judicial power,judicial ability,responsibility and occupational security are the focus of this round of judicial system reform.In the past,we adopted administrative management mode for judges,which played an important role in a certain historical period,but now this mode has restricted the further development of the judicial system.This round of judicial reform has made relevant reform arrangements for the judicial punishment system,but it is still not perfect.In this paper,from the design of the reform of the judicial system to judge disciplinary system,analyzes the achievements obtained since the reform and affirmation,and put forward the judge disciplinary system in China is a lack of specific legal basis,insufficient authority disciplinary subject,disciplinary committee work mechanism and light behavior,disciplinary reason heavy result,procedural rules lack of operability,disciplinary measures such as inappropriate shortcomings,through the comparative analysis of the United States,Germany,France,Japan,the judge disciplinary system,it is concluded that the common,find out the four experience meets the needs of the current part,Some Suggestions are put forward to improve the disciplinary system of judges in China,such as formulating special laws on the punishment of judges,increasing the investigative power of the disciplinary committee,expanding the scope of punishment of judges,setting up quasi-judicial disciplinary procedures,and taking appropriate disciplinary measures.