Theory Of German Judge Disciplinary System For Our Reference

As the main means to restrict the power of judges,the punishment system of judges occupies an important position in the entire judicial system.Whether this mode can truly restrict the power exercise of judges and ensure the justice and fairness of case trial is directly related to the smooth realization of the final judicial justice.At present,our country is in the hard period of judicial reform.On the one hand,the existing judges’ disciplinary mechanism is difficult to effectively play the responsibility of supervision.On the other hand,it is inappropriately involved in the core field of trial,and it has an impact on the judge’s performance in accordance with the law and the security of identity.Taking full consideration of judicial power as the essential attribute of judgment and discretion,it is necessary to further improve the disciplinary mechanism of judges.The German judge disciplinary system is of certain reference to our country in the following aspects,which helps to improve the relevant system in our country.The German judges’ disciplinary system has the following characteristics:first,the behavior is responsible for responsibility instead of the result,the two is the separation of the supervision organs and the disciplinary organs,the three is to follow the strict procedure,and the four is to attach importance to immunity and relief.Measures.In Germany,the federal civil service punishment law stipulates 7 kinds of disciplinary measures.In Germany,the"wrong case",which is unavoidable by the judge,is different from the legal recognition and the fact that the facts are different,is distinguished from the serious misconduct,malfeasance and judicial misconduct,and reconsiders the immunity and relief in the judge s disciplinary action.Giving full punishment to the disciplined judges,giving them the right to defense,the right of reply,the right of proof and the right of proof,and Shen Suquan,so as to ensure the impartiality of the judge s discipline.The author hopes to make a comparison and analysis of the disciplinary subject,disciplinary cause,disciplinary procedure and disciplinary relief in the system of German judges’ punishment,and to put forward the general idea of the reform and perfection of the punishment mechanism of the judges in accordance with the actual conditions of our country.