Study On The Professional Security Of Judges In China

The Fifth Plenary Session of the 19 th CPC Central Committee put forward the goal of basically building a country,government and society under the rule of law by 2035,which means that higher requirements have been put forward for China’s legal workers.Judges are the key component of judicial system staff,and the protection of judge’s career is of great significance to judge’s performance of their duties.The newly revised Law on Judges in 2019 sets special provisions for the professional security of judges,which reflects the importance the state attaches to the professional security of judges.In fact,the grass-roots courts may not even set up the judges’ professional security committee,and there are still many problems in the construction of judges’ professional security.Exploring the professional security system of judges with Chinese characteristics is beneficial to improve the working ability of judges and promote the construction of a country ruled by law.This paper,through literature research,investigation and comparative analysis,combined with interviews with several judges and judicial assistants,puts forward some suggestions for the professional protection of judges in China from the perspective of combining theory with practice.This paper mainly includes the introduction and four chapters.The first chapter is an overview of the professional security of judges in China,mainly elaborating the meaning,development course and necessity of the professional security of judges.The necessity of the professional protection of judges includes three aspects: it is conducive to the comprehensive adherence and improvement of the socialist legal system.The second chapter is about the development status and problems of the professional security of judges in China.The development status is divided into legislation status and implementation status.The existing problems mainly include five aspects,such as obstacles to the independent exercise of judicial power by judges according to law.This chapter also analyzes the causes of the problems of the judicial professional security system,including: the concept of the rule of law,the construction of the judge team,the guarantee of wages and welfare,security and other aspects still need to be strengthened.The third chapter is the status quo and enlightenment of the professional security of judges outside the country.The common law countries mainly elaborated the relevant security system of the United Kingdom as the origin country of the professional security of judges,and the professional security system of judges in the United States with relatively perfect professional security of judges.The civil law countries have elaborated the occupational security system of judges in Japan,which developed earlier in Asia,and the occupational security system of judges in Germany in Europe.The fourth chapter is the suggestion to improve the professional security of judges in China,which is the suggestion to put forward the problems in the second chapter.Firstly,it puts forward some suggestions from perfecting the system of independent exercise of judicial power by judges,which mainly include: improving the independent exercise of trial by judges under the leadership of the Party;Secondly,it puts forward suggestions from the aspect of perfecting the protection of judge’s identity rights,including: improving the relief approach and retirement system of judge;Then it puts forward suggestions from strengthening the protection of the economic rights of judges,mainly including: standardizing the separate salary sequence and fund management of judges,establishing a special welfare security system for judges,and again it puts forward suggestions from improving the occupational security of judges,mainly including: enhancing the public’s cognition of judicial relief and other suggestions;Finally,suggestions are put forward from perfecting the immunity system of legal cases and the guarantee mechanism of physical and mental health services,mainly including: how to improve the immunity system of judges’ responsibility,and how to improve the guarantee mechanism of judges’ physical and mental health services.