Study On Judicial Profession Exemption System In China

The judges have the right to judge by the Constitution and laws, and judicial powers is a kind of judgment, and the judgment of sexual activity is easy to be disturbed by outside interference, especially in the complex case. Based on this reason, to ensure that the judge’s this kind of judgment is free, just and fully exercised, the corresponding professional exemption system is needed to protect the legal rights and interests, so as to meet the basic conditions for the judgment of the responsibility.Perfecting the system of judges’ professional immunity is the inevitable requirement of building a socialist society ruled by law. The core of the judge occupation is the exercise of national jurisdiction. If there is excessive control burden in the process of the exercise, it must affect the efficiency of the trial and the impartiality of the judiciary. Only implement the exemption system of judges effectively, the healthy development of judges’ occupation and the fairness. Regardless of Anglo American law system or Civil law countries, all of them pay attention to the construction of the system of judge’s professional immunity. In our country, we also should improve and guarantee the system of judge’s professional immunity by legislation, which will protect the rights and interests of judges and implement the strategy of governing the country by the law.Thesis is based on the necessity and practical significance of the judge’s professional exemption system as the starting point, summarizes, reference, and draw lessons from the advanced experience of the foreign judge’s professional exemption system, analysis and combined with the current situation of the system of professional exemption of judges, taking the typical case, find out the judge professional exemption system can be further improved, put forward the following suggestion:the first one is refining the judge’s professional immunity in the judge’s law, define the specific scope of the system protection of the judge’s professional immunity. The second one is strengthening the enforcement of the occupation exemption system, and enhancing the content of our country official occupation exemption system operation. The third one is improving the judge’s responsibility, and effectively implying the system.