司法改革背景下我国法官惩戒制度的重构

发布时间：2018-07-15 21:17

【摘要】：法官惩戒制度是我国法官制度的一个重要内容,健全完善现有法官惩戒制度具有重要的意义,有助于维护司法独立,规范法官行为,遏制司法腐败,提高司法公信力。从司法改革的角度看,法官惩戒制度也是司法改革的重点项目,2015年最高法院下发的关于深化法院改革意见中明确规定,将在国家和省一级设立法官惩戒委员会,这体现了我国完善法官惩戒制度的决心,也为法官惩戒制度进一步发展提供了重要契机。然而,因惩戒事由存在缺陷、惩戒具体运行程序的缺位以及惩戒措施与行政处分交叉等特点,难以体现法官的职业特点,也难以适应当前正在进行的司法改革新形势。有鉴于此,本文通过分析法官惩戒制度中存在的问题,探究深层次原因以及对比西方国家优秀经验,在改革背景下,积极建立符合中国特色的法官惩戒制度。本文分为四个部分:第一部分,以法官惩戒的概念和内涵为出发点,从理论基础上阐释了构建法官惩戒制度的价值所在。第二部分,首先对我国当前的法官惩戒制度从多方面、多角度进行详细的介绍。法官惩戒的主体与事由方面,主要由各级法院监察部门对违法违纪法官进行惩处;最高法院《人民法院工作人员处分条例》对惩戒程序有明确的规定;惩戒的措施主要是参照公务员处分方式。然后从设置不合理、事由不够科学合理、程序行政化、标准混乱等五个方面对我国当前法官惩戒制度暴露出的弊端进行深入阐释。从传统司法文化影响、监督责任界限模糊、法官素质不一等三方面对惩戒制度不完善的原因进行分析总结。第三部分,阐释、总结分析了部分西方国家的法官惩戒的。第四部分,从当前我国法官惩戒制度存在问题入手,提出树立程序正义的司法理念,建立高阶位的法律依据,使得对违法违纪法官的惩戒真正有法可依。在坚持司法独立和惩戒司法性原则的基础上,设计法官惩戒制度,主要是建立“外部+内部”的双重惩戒机构模式,把员额法官与司法辅助人员共同纳入惩戒对象,通过司法程序对违法违纪法官进行惩戒。以程序标准作为衡量“错案”的准则,限定惩戒的除外事由,全面完善惩戒的措施。
[Abstract]:Judge disciplinary system is an important content of our country's judge system. It is of great significance to perfect the existing judge disciplinary system, which is helpful to maintain judicial independence, standardize judges' behavior, curb judicial corruption and improve judicial credibility. From the perspective of judicial reform, the system of corrections for judges is also a priority for judicial reform, and the 2015 opinion issued by the Supreme Court on deepening the reform of the Court made it clear that the Judicial Corrections Committee would be established at the national and provincial levels, This reflects our country's determination to perfect the judge's disciplinary system and provides an important opportunity for the further development of the judge's disciplinary system. However, it is difficult to reflect the professional characteristics of judges and adapt to the new situation of current judicial reform because of the defects of disciplinary matters, the absence of specific operating procedures and the intersection of disciplinary measures and administrative sanctions. In view of this, this paper analyzes the problems existing in the system of judges' discipline, probes into the deep-seated reasons and compares the outstanding experiences of western countries, and under the background of reform, actively establishes the system of judge's disciplinary with Chinese characteristics. This paper is divided into four parts: the first part, based on the concept and connotation of judge discipline, explains the value of constructing judge disciplinary system. The second part, first of all, the current system of judge punishment from many aspects, various angles to carry on the detailed introduction. In terms of the subject and subject matter of the disciplinary punishment of judges, it is mainly by the court supervisory departments at all levels to punish the judges who violate the law and discipline, and the Supreme Court's regulations on the punishment of staff members of the people's Court have clear provisions on the disciplinary procedures; Disciplinary measures are mainly referred to the way of punishment of civil servants. Then from five aspects, such as unreasonable setting, unscientific reason, administrative procedure and chaotic standard, the malpractice exposed in our country's current judge disciplinary system is explained in depth. This paper analyzes and summarizes the reasons for the imperfection of the disciplinary system from three aspects: the influence of the traditional judicial culture, the blur of the supervision responsibility and the different qualities of the judges. The third part, explains, summarizes and analyzes the judges' disciplinary in some western countries. In the fourth part, starting with the existing problems of our country's judge disciplinary system, the author puts forward the judicial idea of establishing procedural justice and establishing the legal basis of high rank, so that there is a real legal basis for the punishment of judges who violate the law and discipline. On the basis of upholding the principles of judicial independence and disciplinary justice, the author designs the disciplinary system of judges, which is mainly to establish the "external internal" dual disciplinary institution model, and to bring the post judges and judicial support personnel into the disciplinary objects. The judge who violates the law and discipline shall be punished by judicial procedure. Take the procedure standard as the criterion of "wrong case", limit the reason of disciplinary exception, and perfect the measure of punishment in an all-round way.
【学位授予单位】：江西财经大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D926.2

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