我国法官弹劾制度构建论

发布时间：2018-08-03 15:20

【摘要】：法官弹劾制度是司法制度的重要组成部分,也是法官身份保障制度之一,已经在许多国家生根开花,并在国外的法官职业监督制度中发挥着重大作用,既保障了司法的清廉,也保障了法官免予被恣意罢免。目前我国并没有法官弹劾制度,然而现存的法官罢免制度仍存在诸多缺失之处,在运行中具有很大的弊端。本文首先梳理了弹劾的理论问题,在对弹劾制度进行历史考察的基础上,引出现代法官弹劾制度的概念以及功能和意义,司法监督和权利救济是法官弹劾制度的主要功能,其制度意义主要是维护司法独立、规范法官行为、抑制司法腐败、保障法官的合法权益,此外,还特别探讨了法官弹劾制度与法官惩戒制度、法官罢免制度的区别。从立法和实践两个方面分析了我国现存法官罢免制度的运行现状及存在的问题,并从弹劾主体、弹劾事由、弹劾程序等几个方面具体考察了域外美国、德国、日本三个国家的法官弹劾制度,力求在借鉴域外先进立法经验的基础上对我国构建法官弹劾制度的理论和实践的可行性和必要性进行分析,通过借鉴域外法官弹劾制度的有益成分,详细阐释了我国构建法官弹劾制度的理念、原则和具体制度的设计,在构建适合我国国情的法官弹劾制度的道路上做出有益的探索。
[Abstract]:The judge impeachment system is an important part of the judicial system and also one of the judges' identity security system. It has taken root and blossomed in many countries, and has played a significant role in the professional supervision system of judges abroad, which not only guarantees the integrity of the judiciary, but also ensures the integrity of the judiciary. It also guarantees that judges will not be arbitrarily removed. At present, there is no judge impeachment system in our country. However, there are still many defects in the extant system. This article first combs the theory question of impeachment, on the basis of the historical investigation to impeachment system, leads to the concept, function and significance of modern judge impeachment system, judicial supervision and right relief are the main function of judge impeachment system. Its system significance is mainly to maintain judicial independence, standardize the behavior of judges, restrain judicial corruption, and protect the legitimate rights and interests of judges. In addition, the differences between impeachment system of judges and disciplinary system of judges, recall system of judges are also discussed in particular. This paper analyzes the current situation and existing problems of the current system of removal of judges from the aspects of legislation and practice, and makes a specific investigation of the United States, Germany, and other aspects of the impeachment subject, the cause of impeachment, the impeachment procedure, and so on. The impeachment system of judges in three countries of Japan tries to analyze the feasibility and necessity of constructing the theory and practice of impeachment system of judges in China on the basis of the experience of advanced legislation abroad. By drawing lessons from the beneficial elements of the foreign judge impeachment system, this paper expounds in detail the concept, principles and design of the specific system of building the judge impeachment system in our country, and makes a useful exploration on the road of constructing the judge impeachment system suitable for the national conditions of our country.
【学位授予单位】：上海师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D926.2

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