Research On The Way To Improve The Disciplinary System Of Judges In China

The judge disciplinary system plays an important role in effectively supervising the judge’s trial behavior,promptly eliminating unqualified judges,ensuring the independent and fair exercise of judicial power according to law,and maintaining judicial authority and credibility.Our country’s judge disciplinary system started with the establishment of a judge selection(disciplinary)committee in Shanghai in 2014.After the formulation of relevant normative documents,the revision of the Judges Law and the establishment of all 31 provincial-level judge disciplinary committees,the Supreme People’s Court issued the "Regulations on the Procedure of Judge Disciplinary Work" at the end of 2021,which indicates that China has basically completed the initial construction of the judge disciplinary system with the judge disciplinary committee as the core.However,in the past eight years,the judge disciplinary system has not played its expected role.There are very few cases in which judges are found to be responsible for illegal trials through the judge disciplinary committee,and more cases in which judges are disciplined by discipline inspection,supervision,investigation and prosecution by the procuratorate.This system has fallen into a state of stagnation in practice.At the beginning of the system construction,there are always some i mperfections that restrict its function.This paper systematically studies th e theoretical basis of the judge’s disciplinary system,clarifies the purpose of the system,analyzes the four key elements,disciplinary subject,discipl inary reasons,disciplinary procedures and measures,from the system lev el and the actual operation,summarizes the problems in the actual operati on,and puts forward some suggestions for the perfection of the judge’s di sciplinary system.Firstly,we should broaden the starting subject of the ju dge disciplinary system,bring the litigant participants and ordinary citize ns into the supervision of the judge’s behavior,and formulate the conditio ns for relevant complaints and reports;Secondly,in the disciplinary reaso ns of judges,the specific identification of judges’ violation of trial duties s hould be provided with clear basis and standards,and the behaviors of jud ges’ violation of professional ethics should be included in the disciplinary system of judges as disciplinary reasons.Then,by standardizing the due p rocess of investigation,deliberation and right relief of the judge’s punish ment,the legal rights of the judge can be guaranteed,and the objective ju stice of the judge’s punishment can be embodied.Finally,we will formula te targeted measures for judges’ different violations of trial duties.The disciplinary system of judges came into being under the backgro und of the reform of judicial system and the implementation of judicial re sponsibility system.Its construction and improvement should pay attentio n to the coordination with relevant supporting measures such as the post s ystem of judges,the management of judges’ individual positions,the prot ection system of judges’ rights and interests,etc.The development of disc iplinary work of judges should also be coordinated with the working proc edures of discipline inspection and supervision organs and procuratorial o rgans,so as to constantly play the role of this system in eliminating the ra nks of judges,highlighting judicial justice and ensuring the independent a nd fair exercise of judicial power according to law in the new era.