| The scientificity and reasonableness of the restraint on judges’ exercise of trial power is related to whether judges can exercise judicial power independently and professionally to guarantee the realization of judicial justice,and has an important position in the construction of the rule of law in modern countries.Therefore,improving the disciplinary system for judges is an important part of the reform of the judicial accountability system.The Supreme People’s Court issued the Opinions on the Establishment of the Disciplinary System for Judges(for Trial Implementation)in 2016,marking the official start of the reform of the disciplinary system for judges in China.Almost simultaneously,the reform of China’s supervision system advanced rapidly,and with the promulgation of the constitutional amendment and the supervision law in2018,the new national supervision system was formally established,and the Supervisory Commission integrated the once administrative supervision department,the discipline inspection department and the anti-corruption department of the procuratorate into the main body of supervision,making the structure of the supervision system more reasonable.Judges have a dual identity nature due to the special nature of their profession.As an adjudicator exercising judicial power,he or she is subject to the disciplinary system of judges;as a state public official,he or she is subject to the supervision of the supervisory committee.However,in the context of the simultaneous promotion of the reform of the judicial system and the reform of the supervisory system,there are many problems of interface between the disciplinary system of judges and the actual operation of the supervisory law that cannot be ignored,such as the lack of clarity in the division of the authority of the disciplinary subjects of judges,the defects in the disciplinary matters and disciplinary procedures,and the imperfect disciplinary measures,which need to be considered and improved.Based on the analysis of the special characteristics of China’s supervision system and its influence on the disciplinary system of judges,this paper explores the development path of the application of the disciplinary system of judges and the supervision law by combining the analysis of the interface between the disciplinary system of judges and the relevant systems in foreign countries.From the aspects of scientific division of subject authority,improvement of disciplinary grounds,standardization of disciplinary procedures and rationalization of disciplinary measures,we propose corresponding countermeasures for the interface between the disciplinary system of judges and the supervisory law with Chinese characteristics. |
