Research On Judge Disciplinary System In China

China’s disciplinary system for judges has been established for many years,however,in practice the operation of the effect is not very satisfactory,and even in the "idle" state.This is due to the fact that there are still many imperfections in the disciplinary system of judges in China,which affects the substantive operation of the disciplinary system of judges.This paper analyses the concept and function of the disciplinary system for judges in China,and explores the positioning of the disciplinary system for judges in China.The current situation of the disciplinary system of judges in China is examined and the problems in the current disciplinary system of judges in China are summarized.The current definition of disciplinary subjects is not clear and the construction of the disciplinary committee of judges is not perfect,making it difficult to carry out disciplinary work.The lack of clarity in the determination of disciplinary standards has created the problem of improper recourse against judges.The lack of judicial nature of disciplinary procedures has resulted in inadequate protection of judges’ rights and interests.The boundaries and interface with other accountability systems are unclear,leaving the disciplinary system for judges in limbo.These problems have deep-seated reasons,the traditional administrative thinking will make the disciplinary system inherit some administrative shortcomings,the long-standing misinterpretation of the wrongdoing accountability system has damaged the judicial credibility,the status quo of the court is not independent to make the discipline of judges can not be just,and the constraints of the supporting system makes the disciplinary system of judges and the previous system to run in concert difficult.To solve the problems of the disciplinary system of judges,it is necessary to improve all aspects of the system,first of all,to clarify the main body of the disciplinary system of judges,improve the construction of the disciplinary committee of judges,clear authority and responsibility of the main body to ensure that the disciplinary work can be carried out smoothly,the perfect disciplinary committee of judges system is to achieve the premise of professional accountability.Secondly,the disciplinary criteria should be clearly defined,adhering to the unified standards of subjectivity and objectivity and distinguishing between "wrong cases" and "defective cases" to clearly define the boundaries of the exercise of disciplinary power and to avoid judges being wrongly disciplined.Again,the construction of a "quasi-judicial" disciplinary procedure,following the principle of procedural due process and improving the judicial nature of the disciplinary procedure,can achieve "procedural justice" in the discipline of judges.Finally,the relationship and interface between disciplinary action and criminal prosecution and disciplinary supervision should be clarified,so that the disciplinary system and the original prosecution system can operate together and be effectively linked.