paper写作范文-Judge's disciplinary action

1、www.ocscf.org 专业留学生paper写作服务机构paper写作范文-Judges disciplinary action法官惩戒事由的实体范畴是指法官应当在什么情况下受到惩戒的问题。对此，世界各法治国家均表现出了对法官惩戒事由的重视，出于共同的制度愿景，结合自身司法传统、法治观念、法官职业化程度等司法条件的差异性，在法官惩戒事由的确定上形成了行为到结果和法内到法外两种不同的模式。The substantive category of judges disciplinary cause refers to the issue under which judge should be punished. To this, the world each country under the rule of law are showed to the attention of the judges disciplinary proceedings, for a common vision system, combined with its own legal tradition, th

2、e concept of the rule of law, the judge professionalism, the difference of the judicial conditions, such as on the determination of the judge disciplinary proceedings formed behavior - result and outside the law - in two kinds of different patterns.The behavior-outcome model refers to the determination of judges disciplinary causes based on judges behavior and judgment results, which are respectively incorporated into two sets of systems and adopted different identification standards. Some count

3、ries only include behaviors as disciplinary causes, such as the United Kingdom and the United States, which can be called the single-track system of disciplinary causes of judges. Some countries put the two into disciplinary causes respectively, such as Germany, which can be called the dual-track system of disciplinary causes for judges.The monorail system of judges disciplinary cause refers to the mode of imputation that only includes judges behavior into disciplinary cause and has a judgment s

4、tandard for judges improper behavior, and at the same time completely exempts judges error from liability, which is typical of common law countries. The United States has two sets of judge punishment systems at the federal and state levels. However, except for some crimes that constitute crimes, the standard of improper conduct stipulated in the model code of judicial conduct formulated by the American bar association is adopted for the purposes of judicial punishment, that is, all the activitie

5、s of a judge must avoid improper and seemingly improper. In the judgment of misconduct, the standard of credibility is adopted, that is, whenever a judges behavior impairs the publics trust in judges and confidence in judicial justice, no matter when and where such behavior takes place, no matter how large or small, it will all fall into the category of violation of professional discipline and should be punished. The ruling is a disciplinary exclusion zone for U.S. judges, meaning they are not p

6、unished for substantive issues related to the ruling. Similar to the United States, the issues that can be investigated by the British judicial conduct investigation office mainly focus on various improper behaviors of judges, while those that cannot be investigated focus on substantive issues related to the results of judges 4. It can be seen that the UK also excludes substantive issues from the disciplinary causes of judges, and only includes judges behaviors into the disciplinary causes and a

7、dopts public trust as the judgment standard of misconduct.America and Britain is the birthplace of the modern concept of rule of law, the judicial system is based on a relatively ideal condition, the judge retribution for behavior change is the inevitable outcome of the modern rule of law concept extension under, such as the principle of judicial independence, judge professionalism, concept of due process and so on all has become the consensus of the country under the rule of law concept, but in

8、 Anglo-American countries relatively is attaining the unity of theory and practice.Judicial independence plays an important role in the judicial system of Anglo-American law system. Professor geweibao put forward a thinking framework when thinking about the contradiction between independence and responsibility: since experience tells us that judicial independence is absolutely necessary but relatively fragile, it is right to insist on independence as the starting point and regard all appropriate

9、 forms of accountability system as the necessary limitation of the independence principle. The most important words are starting with independence and necessary. Entity referee results if the case will be affect the vital interests of the judge whether to be held accountable, judge the heart that had been injected with the process of the law to other factors and damaged the judge independent basic status, the judge has formed the verdict will judging through outside the program again, this is considered to the judges discretion to review, serious threat to the independence of the judge. The erosion of the independent exercise of the judicial power of judges will cause a real and serious crisis of confidence not only for judges but also for the whole judicial system compared with the occasional error of the judicial entity results. Therefore, all system design should not harm the independent jurisdiction of judges, is to take independe

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