Study Of The Disciplinary System For Judges

Our country at present is establishing the market economy system, andpeople's thought receives some impact from the society and has had thevery big change. But in the judicial domain, the most prominent reflectionis that the judges use the authority to look for some illegal benefits.The judicature corrupt has much negative influence in society and it ismost constituted by the judges. In the modern society, as the authoritywielding who decide the destiny of the parties, the judges enjoy the loftysocial prestige and the status, which are regarded as fair and the just.As the dispute judgment, judge's trial behavior represents the societyto be just. Otherwise, if the judges violate the basic principle whichis stipulated by the law, people will produce suspect about the fair andthe authority of the law. So establishing and consuming the judgedisciplinary punishment system will suppress the judicature corrupt andstandard the behaviors of the judges. Simultaneously, it remains the fairof the judicature and safeguards the lawful rights of the judges. Becauseof the value of the judge disciplinary punishment system, we must researchit in theoretically earnestly.Observing legislation condition of various countries, we can findlots of laws about the main body of disciplinary punishment, the causeof disciplinary punishment, the procedure of disciplinary punishment andthe type of disciplinary punishment. From such laws, we can learn much.In our country, the judge disciplinary punishment system is constitutedby some legal laws and regulations. Analyzing the judge disciplinarypunishment system in our country, we can find some imperfect places, suchas the unreasonable establishment of the main body of disciplinary punishment, the unscientific stipulation of the cause of disciplinarypunishment, the imperfect stipulation of the procedure of disciplinarypunishment, and the obvious administration color of the type ofdisciplinary punishment.About such problems, I have some conceptions: about the main bodyestablishment, it can establish the special committee which investigatesthe illegal violation of regulations of the judges. About the cause ofdisciplinary punishment, it should include the improper judicial expertand judicial layman, especially the improper judicial layman. About theprocedure of disciplinary punishment, it can formulate a series ofprocedures which the parties must observe. About the rights of the judges,the law must give them the full rights, such as the right of withdrawalby petition, the right of defense, and the right of application relief.Only has this, the rights of the judges will be maintained practicallyand effectively.