论法官惩戒委员会的法律地位

设立法官惩戒委员会,并由该委员会对法官履职是否构成违法审判提供专业意见,是完善法官惩戒制度的重要内容和制度创新。对法官惩戒委员会的定位与职能,学界的建议与实际的制度建构并不完全一致。各地在设立法官惩戒委员会的过程中,因对其法律地位的理解不深、不透甚至存在偏差,导致其处于“无功能”的状态。作为一个全新的制度设计,在有域外先例可供借鉴的情况下,吸收其有益经验,再根据中国现实国情来建构,是制度建设的有效途径。当前,应根据修订后的我国《法官法》对法官惩戒委员会的相关规定,在明确法官惩戒委员会法律地位的基础上,在设立主体、委员构成、设立模式上下功夫,并做好与其他职能部门的衔接工作,确保法官惩戒委员会依法建构并保证制度得以顺利运行。

On the Legal Status of the Judges Disciplinary Committee

It is an important part and institutional innovation of improving disciplinary system for judges to establish the Judges Disciplinary Committee which provides professional opinions on whether a judge's performance of duty constitutes illegal trial.The academic advice from the academia and the actual system establishment are not exactly the same on the position or functions of the Judges Disciplinary Committee.In the course of establishing the disciplinary committees for judges in different areas,because the misunderstandings on its legal status are not deep or thorough and even erroneous,the committee is in the state offailure to play their roles.As a completely new system design,under the situation that there are foreign examples to be referred to,it should be established by reference to beneficial experiences of foreign countries and regions and according to the actual situation of China,which is an effective approach to build the system.At present,according to relevant provisions on the Judges Disciplinary Committee in the revised Law on Judges,on basis of making clear the legal status of the Judges Disciplinary Committee,efforts should be made on the subject of establishment,composition of committee members and the mode of establishment,and the connection between such committee and other functional authorities should be done well,so as to ensure that the Judges Disciplinary Committee is established in accordance with law and the system is successfully operated.