Judicial transformation of judge's disciplinary procedure
法官惩戒程序的司法化路径

摘要

科学的惩戒运行机制是全面落实司法责任制、实现司法公正的重要前提。我国的法官责任追究由来已久，虽然新修订的《法官法》对“去行政化”做出一定的举措，但是现阶段的法官惩戒制度不健全，在制度运行过程中暴露了许多问题：“同体惩戒”模式下启动法官追责难，惩戒程序单一，法官责任认定过程行政化倾向严重。因此，对法官的追责程序应当寻求司法化的转型，追责程序启动可依职权也可以依申请，从立案受理、调查再到审理全过程采用司法化的诉讼程序进行，强化法官在诉讼中的对抗性，保障其享有的程序性权利，维护当事法官的合法权益。

Abstract

A scientific disciplinary operation mechanism is an important prerequisite for the full implementation of the judicial responsibility system and the realization of judicial justice. The accountability of judges in China has a long history. Although the newly revised judge law has made certain measures for "de administration", the judge punishment system at this stage is not perfect and lacks a perfect punishment system. Many problems have been exposed in the process of system operation. Under the "same punishment" mode, the judge's blame recovery is started, the punishment procedure is single, and the administrative tendency of the judge's responsibility determination process is serious. Therefore, the judicial transformation of the judge's accountability procedure should be sought. The initiation of the accountability procedure can be carried out according to the authority or application, and the judicial litigation procedure can be adopted in the whole process from case filing and acceptance, investigation to trial, so as to strengthen the antagonism of judges in the litigation, protect their procedural rights and safeguard the legitimate rights and interests of the judges concerned.