The Current Situation And Improvement Path Of Judge Punishment System In My Country

With the step of comprehensively promoting the rule of law in China,the reform of judicial system has been gradually promoted.Judicial responsibility system is an important part of judicial reform,and the pursuit of judicial justice has always been the goal of judicial reform.As a judge who exercises the judicial power of the state,it is undoubtedly in the core position in judicial activities and plays a crucial role in the maintenance of judicial justice.Therefore,it is necessary to restrict and supervise the power of judges,punish the judges' illegal and disciplinary behaviors in time and effectively,and establish a reasonable and effective and fair and legal punishment system.But at present,the system of punishment of judges in our country is not perfect,and there are many problems in the process of system operation.Therefore,it is very important to put forward the feasible path for the current situation.First,the paper expounds the basic principles and significance of the system by relying on the reform of the system of punishment of judges based on the first five-year outline issued by the Supreme People's court to the Fifth Five-year outline.The key and core of judicial reform is the judicial responsibility system,and the judge disciplinary system is always carried out under the background of judicial reform.The existence of the system can not be separated from the legal basis behind it.The system of judge punishment relies on the basic legal principles of power restriction,judicial independence and unique laws of justice,and it has the important significance to ensure the judges to perform their duties according to law,to implement the judicial responsibility system and to further improve the judicial justice.It is from the foreshadowing of these basic theories that make the importance of the judge disciplinary system more prominent.Based on the theory of rule of law,it is a clear idea to analyze the Supreme Court's regulations on the system of punishment for judges and the construction of the system by local courts.The Supreme People's court has conceived the system of investigating the responsibility of judges since 1998.However,due to the immature time of judicial reform,it has only made preliminary provisions on the system of investigating the responsibility of judges.Until 2016,the Supreme People's court clearly stipulated that the establishment of a judge disciplinary committee at the provincial level began,the reform of the system of judge punishment was more and more concerned and expected.Through the comprehensive research of basic theory and local practice,this paper summarizes the main characteristics of the judge disciplinary system from four aspects: the subject,the cause,the procedure and the measure.It also finds that the current process of the reform of the judges' disciplinary reform also has unreasonable setting of the subject,the unscientific provisions of the disciplinary reasons,the incomplete procedure of punishment and the serious administrative of the disciplinary measures need to be solved.If we solve the problems of the operation of the current judge disciplinary system,we should not only combine our own judicial conditions and judicial laws,but also draw on the beneficial experience of the foreign countries under the rule of law on the reform of the system.It is more comprehensive to choose the judge disciplinary system of the representative countries of civil law system Germany,the United States of the United States and Japan,which have two legal characteristics.Through the analysis and summary of the system of punishment of judges in these countries,it is concluded that China should follow the value standards of pursuing judicial credibility,maintaining the independent trial of judges and ensuring the proper procedure in macro perspective.From the micro perspective,we should establish clear disciplinary subjects,stipulate reasonable disciplinary reasons,set up proper disciplinary procedures,and construct the basic pairs of judicial disciplinary measures.The conclusion of the system of punishment for judges in China is further improved.