Viewpoint | Research on the system of professional security for judges

Abstract: Fairness and justice is the eternal pursuit of human legal value, and the realization of fairness and justice needs the reality of the judicial workers to achieve, if the justice is the last line of defense of socialist justice, the judicial work of the judge is the gatekeeper of the last line of defense. The judge is the main body of the concrete operation of the construction of the legal system, is the most active role in the construction of the socialist legal system, the judge's professional security system is an important part of the construction of the socialist legal system, in daily life, only the real implementation of the judge's professional security system can make the judge to exercise the judicial power impartially and independently in accordance with the law, to maintain social justice, to achieve the legal requirements of fairness and justice, only in this way can judges truly become the concrete implementers and manipulators of the construction of the socialist legal system. However, the system design and implementation of the judge's professional security system in our country, as well as internal and external factors, make the implementation of the judge's professional security system and the lack of protection of the judge's profession particularly prominent. Through the analysis of the connotation, function and purpose of the legal professional security system, as well as the comparative analysis of the general situation and differences of the professional security system of judges at home and abroad, this paper clarifies the problems and reasons of the professional security system of judges in our country, and puts forward some suggestions to reconstruct the legal professional security system in our country.

Keywords: professional security judge system design

The connotation and history of the professional security system of 1. judges.

The connotation of the professional security system of (I) judges.

The judge's professional security system is a kind of supporting system design is formed along with the special profession of the judge. This kind of system includes the position of the judge, the right of the judge, the identity of the judge, the dignity of the judge, the interests of the judge and so on. It involves a wide range of contents, improve and establish a professional security system and operating system for judges, so that the rights and status granted to judges by the law can be realized, to ensure that judges can exercise judicial power impartially and independently in accordance with the law, to maintain social fairness and justice, and to protect judges on this basis. Work income, personal safety, social welfare, and enhance the dignity of judges in society, so as to maintain the authority and dignity of the laws of socialist countries. The above generally involves the implementation subject, purpose, means and other contents of the judge's professional security, but its overview is not comprehensive enough, and there are still some deficiencies. For example, the implementation subject of the judge's professional security system is not limited to the courts in the judicial system. China has implemented the judicial system reform for many years, but the progress of the judge's professional security system is still slow, only when the professional security of judges is supported by the state and unified supporting reforms are designed from the whole system of the judicial system, can the professional security system of judges be implemented. Therefore, the promotion of the professional security system of judges not only requires the court to "work alone" but also requires other relevant state organs to coordinate and cooperate with each other to jointly promote the construction of the professional security system of judges.

The Historical Background of (II) Judge's Professional Security System

The judge's professional security system is a kind of "imported product", which originated from the West. The purpose of development is to see that the establishment of the judge's professional security system is caused by the problem that judges are often dismissed in the process of legal practice, or it can be said that the judge's professional security system is developed on the basis of summarizing the practical experience of law, and the judge's professional security system was first established by the United Kingdom, at that time, it was mainly established to exclude the intervention of the royal family in the judicial system. The judge's professional security system appeared relatively late in our country, and the legal origin was also very short. In the five thousand years of civilization development history in China, the society was full of the atmosphere of emphasizing etiquette over law. "Ritual" is the foundation of governing the country, while law is a secondary political tool. Therefore, in the historical development process of China, law has never been regarded as the foundation of governing the country. There is a big difference between law enforcers in China and those in the West. There is a huge difference in social status and prestige. In ancient China, there was no professional judge. The judicial work is carried out by administrative officials. The feudal officials are both the chief executive and the judicial staff, and the highest judicial power is controlled by the emperor. Under this kind of social rights structure, officials must consider the interests of feudal rule when applying the law to judge cases, otherwise their own administrative position is difficult to maintain. In this case, officials naturally cannot fully apply the law and cannot treat cases fairly and fairly, so it is naturally impossible to establish a judge's professional security system under the historical background at that time. Modern China is a semi-colonial and semi-feudal society. With the Revolution of 1911 and the Reform Movement of 1898, many Western cultures and ideas poured into the country. China's judicial system has also undergone great changes. After the Qing government was overthrown, it was accompanied by A large number of judicial system reforms have been produced. After the reform and opening up, with the development and improvement of democracy and the legal system and the development of the socialist market economy, the social status of judges has gradually improved, after the promulgation of the Judges Law in 1995, Chinese judges finally ushered in a law of their own and ushered in the "spring" of Chinese judges. The Judges Law stipulates the identity, power, welfare, treatment and other aspects of judges, laying a good foundation for the development and improvement of China's judges' professional security system, and for our judges to take the road of professional construction and join the trend of globalization provides a positive condition for the realization of the judge's professional security and the realization of the legal value of fairness and justice has played a positive role.

Research on the current situation of the professional security of judges in 2.

(I) the current situation of the professional security of judges in our country.

1. Insufficient legal authority

Judges are the judicial staff who make decisions on the application of the law to determine the facts independently, so judges should have the ability and power to make decisions independently, and as a judge, they should also have the power to try cases independently and impartially in accordance with the law, then the judge is no longer the role of a judge in the court, but a puppet, a decoration, and the legal value of fairness and justice is even more difficult to realize. From the perspective of the current judicial situation in our country, the judge's situation in the court is very embarrassing. From one point of view, he is the presiding judge of a specific case. From another point of view, the power to hear a case independently is not completely controlled by himself. In the specific legal provisions of our country, there is no clear and specific provision for judges to try cases independently. What rights and obligations judges have when applying the law to adjudicate cases in judicial practice are not specifically and clearly defined. When judges want to use their powers to adjudicate cases in accordance with the law, pressure from all directions surges in, resulting in the judgment of cases is no longer the judge but the "judge" behind the judge ", in China, as a judge, it seems that he has great judicial power when trying cases, but in essence he is very small. This is why the situation of judges in the current situation is very embarrassing.

The Law on Judges also stipulates in its articles that judges have the right to file complaints when they are affected, intervened or interfered in judicial practice, and that those who interfere with judges' trial cases should be investigated for their corresponding responsibilities according to law. Although it seems perfect from the provisions, the legal provisions do not list in detail the procedures for how to apply these provisions, such as the institutions and procedures for accepting this type of complaint, as well as legal liability, there are no specific provisions, no actual objective operation, and ultimately lead to a dead letter.

2. Instability of the legal profession

In China's judicial system, the existence of the court is a subordinate department of the local government. Judges are treated as ordinary civil servants. The Judges Law has made relevant specific provisions on the term of office and retirement age of judges. However, in fact, these provisions are relatively broad and not enforceable. Objectively, the professional status of judges is still unstable. Judges must always face the risks of job transfer, dismissal and "losing their jobs, in the provisions of the Judges Law, the reasons for judges to be removed include" transfer to work ", etc., but in the actual judicial environment, judges will be used by certain agencies or individuals because they adhere to judicial principles and do not follow certain rules. The reason is" transferred to work ". These weak operational regulations open up a convenient way for certain agencies and individuals to abuse their so-called power, this makes it difficult for judges not only to consider the opinions of the upper level but also to pay attention to certain policies when trying cases, and to receive internal and external interference, which makes it difficult for judges not to consider the issue of professional stability. With these concerns, it is difficult for judges to try cases independently and impartially in accordance with the law.

3. Welfare pay level is not high

The welfare treatment of judges refers to the material life guarantee of judges, which is simply the salary. The judges law has made relevant provisions on the professional welfare of judges, such as "judges implement a regular capital increase system", judges can "enjoy the trial allowance stipulated by the state, inter-regional latte, other allowances, insurance and welfare benefits". Although there are these provisions, the specific operating standards of these provisions are not stipulated, this makes the judge guarantee system unworkable. From the perspective of the welfare development enjoyed by judges in our country in reality, the treatment standard of judges is implemented in accordance with the relevant regulations such as the Civil Service Law, and does not highlight the characteristics of the special profession of judges. As a special profession, if the salary and treatment of judges cannot meet the daily living expenses, not to mention living a rich life for the time being, judges will try cases under the pressure of improving their living standards, at this time, other factors interfere with the judge, and it is difficult for the judge to determine the facts, apply the law, and try the case in a fair and just manner in accordance with the law.

3. Suggestions on Rebuilding the Professional Security System of Judges in China

(I) the importance of the professional security system for judges

As a relatively special profession in society, judges represent the will of the state, exercise the judicial power of the state, and try all kinds of cases accepted by the court. In the hearts of ordinary people, judges should be the embodiment of justice and represent the last line of defense to safeguard fairness and justice. Therefore, people engaged in the profession of judges should have higher legal professional quality from the perspective of objective facts, not by ordinary people can be competent, the great ideological mentor Marx also believes that not anyone can be competent for the profession of judge. He needs professional and systematic legal literacy and training, otherwise it is difficult to play the sacred role of "trial". As a profession different from ordinary people, if the salary of judge is still in the water of ordinary profession, it is difficult to characterize it as a special profession, and it is difficult to establish the dignity and social status of the profession of judges. Therefore, the salary of judges should be implemented with a high salary system, so that judges have no worries at the level of life., Concentrate on trying cases without interference from other factors. The task of the judge is to "adjudicate" all kinds of cases in life, and the whole adjudication process should be based on only obeying the facts and the law, and both the judgment procedure and the judgment process should be fair and just. Therefore, the judge should be given the power to match his profession to ensure that he can try cases independently and fairly according to law, and the core is "independence", the core pursuit of the judge's professional security system is simply the pursuit of the judge's "independence" when trying cases. Other judge's professional identity, professional material security, professional dignity, etc. are all for the protection of the judge's professional rights. Without the protection of the judge's professional rights, the protection of other identities, materials and dignity cannot really play the role of the judge's professional security.

The role of judges as "judges" in society should be different from ordinary government administrative officials and civil servants. The existence of the special profession of judges should be reflected in the occupation, power, salary and other aspects. In the reality of our country, the salary and welfare of judges are not high, and the salary subsidy of judges after retirement is in a declining state, so it is difficult to guarantee the life of judges after retirement, on the one hand, the low salary and welfare level of judges will affect the stability of the judge team. Under the realistic judicial environment, judges are under great pressure and the salary is not objective, which makes it difficult to absorb outstanding talents into the judge team and cannot inject fresh blood into the judge team. As a result, the judge team cannot grow. The author thinks that a set of perfect judge salary mechanism should be established, on the one hand, the social status of judges can be improved, on the other hand, it can also protect judges from the pressure of life, so that judges in a rich level, get rid of all kinds of internal and external pressure to truly exercise judicial power independently in accordance with the law.

Conclusion:

In today's society, the people are no longer those who advocate the use of violence to resolve disputes. With the development of society and the improvement of the overall quality of the people, the people are more willing to choose legal channels and other formal and rational ways when facing problems and disputes. In the way of civilization, the society's selectivity to the law is getting higher and higher, and the status of judges in the society is getting higher and higher and more important, the judge's professional security system is an important principle of the rule of law, the judge's professional security system is becoming more and more mature in the world, and the expectation of Chinese society to the judge's professional security system is also rising. The judge's professional security system is an important part of the rule of law society, the judge's professional security system is more perfect, the judge's social status is higher, more conducive to the promotion of judicial fairness and social legal system construction.

References:

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