Research On The Disciplinary Punishment Of Judge

The judicial activities,which depend on professional groups that the judge is the core member of this group,is the most important procedure to realize judicial justice.As implementer of the country's jurisdiction,the judge makes final decision according to the facts and evidence deduction method,and the ruling directly affects the parties'benefit and the social order.Under the background of new judicial reform,what kind of responsibility should be taken has become a concerning problem.Improvement of the accountability system can regulate the behavior of the judge,maintain high fame,prevent the corruption,Meanwhile,perfecting the imperfect Judge disciplinary system is an important measure to realize judicial justice.At present,the relevant laws,rules,regulations for judge accountability are emerging in an endless stream.In contrast to the United States,Germany,France and Japan,it is obviously unreasonable and imperfect in Institution settings,the subject matter of accountability,accountability procedures and measures of accountability.Through analyzing the judge accountability of those four countries,I learn some from foreign experience and put forward to suggestion to perfect our accountability system based on present situation.This paper is divided into four parts altogether:The first part is the introduction about the basic theory of judge accountability,including the meaning,theoretical basis and practical significance of judge accountability.The second part,I summarize present situation of the accountability system in our country,and then I find main problems by analyzing this four aspects:the accountability of proceedings,the institutional setting,the subject matter of accountability and disciplinary measures.The third part,I analyze disciplinary system of the judge of other countries mainly from above four aspects.The last part,By combining with China's actually situation and drawing on the successful experience,the author puts forward some suggestions about how to improve the system of accountability of judges in our country.Firstly,in the disciplinary reasons from the results centralism to behavior-centralism,pay attention to the misconduct of judge outside the trial,and the introduction of the system of judges liability exemption,including criminal and civil aspects;Secondly,set up independent judge disciplinary committees at the national and provincial levels which are not attached to any organization,and a reasonable set of its staff is important,giving the judge more than the power of the Disciplinary Committee,not limited to the right of disposition,should include the right of opening an case,investigation,disposition,enforcement and review;Thirdly,achieve the judicial process of disciplinary procedures;Fourthly,set the disciplines in line with the professional characteristics of the disciplinary measures.