Research On The Judge Disciplinary System In China

The effective uses of jurisdiction are the guarantee of the courts’jurisdiction and the judge who has great mission on judicial justice occupies an important position in judicial activities. The judge should independently have their duties without any interference which is out of law. The interference includes the interference between one judge and another, as well as the intervention of the court leaders in handling the case and the interference of the administrative organ to the judge and so on. The judge can work hard on their duties and shoulder the great mission only in the fine environment. With ensuring the independence of the judiciary can we achieve the true sense of the rule of law and build a socialist legal blueprint on our own. The judge independence is the key part of the judicial independence. The truly judge independence is the big voice of the people, the strong arms of the judicial reform, the reliable protection of protecting the rights of the persons who are in the cases. However, the power to be given also stands for the constraints of the power and only by keeping the balance of to be given and constraints can we exercise the power better. Nowadays due to the judicial corruption occur frequently, capricious and arbitrary guanguanxianghu (Bureaucrats shield one another in wrongdoings) cases are also no lack of a few, we must perfect the management mechanism of power in order to enhance the public credibility of the judiciary, establish the legal dignity and maintain the image of the judges. How to establish in detail in the judge disciplinary system and the judge’s judicial conduct of effective supervision is the only way to realize the judicial independence and democracy.Nevertheless, the current judge disciplinary system is imperfect and there are many disadvantages. There are not special disciplinary institutions which are not independent. Fore-more, the judicial administrative is serious and not operable and laws and regulations is not specific. In addition, our current judge disciplinary system is made mostly by reference to general civil service management system. In consideration of the particularity of the judge identity, as a result, the judges’ management system can’t be equated with general civil servants. It must have a separate special management system. Across countries, many outside countries have their own judge disciplinary system, establish a specialized correctional institutions, such as America have their own Judge disciplinary commission and special disciplinary court. The other countries also make the detailed provision of the judge disciplinary procedures, a series of laws and regulations are worth learning of the disciplinary reasons and measures. China should make the reform of our own judge disciplinary system on the basis of the other countries’valuable experience and restrict and supervise the exercise of judge’s judicial power effectively. How to combine judge independence principle with the judge disciplinary system effectively is now one of the focuses of the public, which not only can ensure judge’s power bust also is an oversight on trial activities, what’s more, adapting to the situation and keeping pace in fully implementing judicial responsibility system and the implementation of judicial reform environment let the judge disciplinary system more and more mature and perfect. The judge disciplinary system and judicial responsibility system have the relationship and also the differences.Comparing the relation and the differences is essential to perfect the judge disciplinary system and achieve judicial responsibility system.Only by establishing a perfect judge disciplinary system can the public maintain the dignity of the law better, help the judicial activities more smoothly, purify the judicial environment and train a group of highly qualified excellent judges, in addition, it is the urgent need of governing the country, realizing the rule of law and guaranteeing the stability of the society.This paper which talks about topics from the judge disciplinary system of legal concept and legal basis, introduce the current situation of the judge disciplinary system on our own. In the introduction, the relationship and differences between the judge disciplinary system and judicial responsibility system are decrypted. The shortcomings of China’s justice system are analyzed deeply in the paper, for instance, disciplinary body setting and power distribution are unreasonable; disciplinary reasons are not scientific; disciplinary procedures are not standardized; disciplinary measures are too administrative and so on.finally,some suggestions on how to improve our country judge disciplinary system are put forward on the basis of the other countries’ valuable experiences combined with tithe current situation of misjudged lifelong accountability and characteristics of the analysis.