-- introduction American judicial system two

Published: 2008-12-02 15:36:18

The judges, both in common law and in civil law countries, are for trial said. It USA, judges in the judicial personnel refers to USA court work, have the status of judge. America judge not only in America, but also in the whole world is an easy striking occupation. Many lawyers and writers deliberately described their image, and made many comments on their. Some people say, American judges are the church priest, is the embodiment of law and justice of the oath. Someone put the ultimate image judge simplified blindfolded goddess of justice as a goddess of Justice: the slightly tilted to the right body, sitting on the bench. Her left hand carrying a glittering scales, the right hand holding a knife and shining sword. She was blindfolded, to show USA judge independence, without interference from the unfair. Her left hand balance, that the judge America should keep balance between both parties like scales, and in our words, is to "plain as water". The sword is a symbol of state power and the state machine, it is the legal guarantee, but also the court implemented, but also that USA the judge with a non black and white style. The beautiful goddess is the American deep worship, as justice at the image of the judge. This image contains the judges look, you hold the trust and respect of the judge. People hate all beauty gave in her body, but also longing for her always spotless, full of wisdom and experience, have farsightedness. This image is from the ancient, stretching so far. She had a mysterious ancient, modern and chic ethereal beauty. She really should be the eternal pursuit of mankind.

Of course, this is American judge image art. In reality, women judges really is much less, the judges age generally are relatively large, most judges can be called "old judge". "Old judge" although a little less youth, but more of a mature and stable; the forehead wisdom seemed crowded, it is difficult to find it. China's Kong Fuzi once said, "fifty to know your destiny, sixty I, seventy and have whatever one's heart desires is not more than a moment". Slightly rough point, American judges basically are in these three ages.

When USA judges wear black robes, the soldiers were a "quiet! All rise "cry into the court, they sat on the high backed chair, even USA president or produced by an admiration, ordinary people is in between the judge and God cannot find the limit. American judge was known as "Sir" or "judge", and in the English, the name is "hanourYour/His/her ", literal translation should be" most respected person". This is the original of a British local county court judge, later to become a USA of judges at all levels. In movie theaters and other public places, people see the judge that take the initiative to say hello, and respectfully to the judge Tao said: "the judge, please go ahead". People trust their judges, judges worthy of people's trust. The judge has become a symbol of public authority.

The formation of the authority, and their first selection mechanism. In USA, there are many mechanisms of judges, but have one thing in common, is to be the best, the most outstanding society, most capable people choose to judge position, mediocre and the moral corruption and judges have no margin. It seems the incarnation is good, can judge, who does not aspire to be a good man, man? The judge has the best working environment and conditions, the judges received tenure, salary system security. Assistant, secretary, clerk, judge around the Rapporteur and a number of service personnel to listen to the call, for its service. The judge is the jury "teacher", from first to last the jury in litigation to listen to the teachings, the jury finally make a decision to concentrate, listen to judge instructions on legal issues. The jury is not only a legal obligation to judge obedience, and this subject has the emotional and moral implication. Students worship excellent teachers, the jury generally worship the judge. The jury from not specific people, the judge has attracted the admiration of all the people.

The law is the sound of the voice of the people, and the sound is the law of sound. In USA, judge's voice is not only legal sound, but also as   High order law -- the voice. The constitution is not only the modern USA voice the voice of the people, in a certain sense, it is the sound American ancestors, but also America future sound. American constitution since its birth has been 200 years of history, it will exist forever. The constitution is the USA judge spiritual sustenance, but also the source of strength American method. Leave USA constitution, abandoned America judge. The carrier America judge is the flow, the Constitution on USA judges to spread. The Americans say, USA is the rule of law, is the rule rather than the rule of man. In fact, American is USA constitutional rule, between the Constitution and the law are separated by a layer of the link. We can say, in America is constitutional rule, judge, and judge ruled of law.

USA president has appointed judges on the federal power, but was appointed judges can in turn trial America president, issued a subpoena ordering can America president to testify in court, can send commands to America president surrender illegal recording tape. American president out, the new president, American Federal Supreme Court chief justice first entered the inaugural platform, then president, vice president and mrs.. The president's inaugural speech before the chief justice, to face the oath. In this sacred place follow the prescribed order, who would suspect America judges on America administrative officials have the power of supervision? Register profound respect and who don't go to the lofty position USA judge? Any one USA president, as long as the judge's seat vacant, are carefully selected Supreme Court nominee. The president elect judges may be the one thing of concern for the USA during president. The judge may not be the person, the president also cited it as their most headache thing. USA President Nixon appointed justices of the Supreme Court of the digital, the judge Nixon in the "Watergate" in the most difficult, voted against Nixon's decision to make. Roosevelt to the implementation of the new deal once wanted to change the Supreme Court judges and the number of structure, but finally ended in failure. There are many president because the wrong appointed a politics seems the same but different judges the life-long regret. America judges with political color, but the political color did not affect their independence. The president's foreign USA release of his infinite power, USA Supreme Court Chief Justice penetration authority his endless internal. It's hard to say, the actual impact on American life is USA president, or America Supreme Court home grown up. Their influence is a foreign one, in fact not comparable. The relationship between the judge and the president of the America scholar Henry Abraham "" reflects is the USA president and judges.

America judges usually occurs in the America lawyer. America lawyer once became judges, quickly became the object of worship and compliment of lawyers. California state committee on the implementation of executive officer Jack Frankel said such a words, he said: "the work is a kind of corrosion on the people. The judge said 'I want to take a vacation, they said' compliment 'very good, the judge judges said'; 'I'm late', so we said 'well, my Lord'. It won't be a minute, it will bring people into this ". It seems, the judge is a person, also has his pride and prejudice. Because of this, American to judge in addition to sound training, improve the system, and the code of conduct, and the impeachment of judge, not proper punishment and discouraging system.

In short, USA judge was shaped by a series of system, is the traditional legal culture and USA adapt. American judges are America the elite of the society, is the road of justice pioneer, is the ship of the whole social navigation, is the most sensitive to social affairs. As American famous lawyer Daniel Webster said: "the world is not what people than a virtuous and learned judge more noble and pure. His influence as the sky falling dew like make no reply to come to earth." Indeed, people define evaluation a good judge or the, not inferior to evaluation by the saints and definitions. However, the judge has the inherent weaknesses of human nature, these weaknesses but to resort to the system can be completely overcome. The system of comprehensive judge method.

A American, the independence of judges

Now people generally use the term "court" to describe the court shall have the elements, composed of the elements of the court called "primitive type court". Professor Martin Shapiro America University of Chicago in 1981 published "court" and political analysis that, the original type court should contain the following elements: (1) independent judges; (2) made the decision after the parties the court debate; (3) the legal norms applicable to existing judgement; (4 according to one side) was identified enjoy legal rights and the other side was identified as a dichotomy illegal judgment. Although the ideal type of social reality and Professor Shapiro depicts the court of the court in a certain distance, in the real world, the court in a similar way to political groups and the action, however, Shapiro will be the independence of judges on the court elements, it is a kind of profound insights, is the right view. At least, in the modern society of rule by law, the independence of courts and judges are essential elements, and it is also an indispensable litigation system of. Because the courts are not independent, the judge will not be independent. Judges are not independent, the impartiality of the judge is impossible. The impartiality of the judge is the independence of judges as the logical premise and realistic conditions. Justice is a product of subjective consciousness, independence is a man without subjective will, or rather, his mind is on someone else's shoulders. If the judge just lost, the litigation is not established, or no meaning. Leave just about litigation, litigation will become meaningless games, not only can not solve the dispute, but also can cause the new dispute. So, litigation in terms of its nature, inherently requires independent courts and independent judges.

It is because of the independence of the judiciary is so important, so, the independence of the judiciary itself has become an important content and goal of the international protection of human rights. International documents, now about judicial independence international document at least several, including: the United Nations General Assembly in 1948 adopted the "Universal Declaration of human rights", in 1966 the UN General Assembly through the "International Covenant on Civil and political rights", in 1985 August through the "basic principles on the independence of the judiciary," 1982 in October the "judicial independence" in 1983 June, the minimum standards of judicial independence through the "World Declaration", held in Beijing in August 1, 1995 the Sixth Asia Pacific Conference of chief justices of the "independence of the judiciary in the basic principles of the Declaration" (also known as the "Beijing Declaration") etc.. These international instruments have all established the principle of judicial independence. For example, "the Universal Declaration of human rights" Tenth stipulates: "everyone is entitled in full equality to a by an independent and unbiased court to a fair and public hearing, to the determination of his rights and obligations, and the determination of any criminal charge against him."

American lawyers associations to develop "code of judicial conduct" first stipulates: "the judge must adhere to the unity and independence of the judicial system." This rule is not just an unfair act to prevent the judge is hindered by the prohibitive warned. This requirement is for every judge, the judicial system call: independence to maintain and defend the traditional judicial system; it is also America to repressive government a vigorous, effective counter. So, in the modern, American judicial independence is considered as the basic part of a free society modernization to look at the.

American judicial independence is not accomplish at one stroke, not dropping from the sky, but gradually realize the protracted struggle against the British colonial government in. For USA war of independence is trampled by defending is tyranny of the British colonial government's basic personal freedom. Justice is regarded as the most important thing to defend freedom. The researchers from the George third (1760 1820) in an attempt to make the colony judges subservient to his personal will to fight, to realize such a truth, that is to establish a limited government, must first establish a strong play a decisive role of judicial power. This is through the constitution, the establishment of an independent legislative and administrative organs of the judiciary, the judiciary and the other two organs of state, the Constitution for the same power source. The constitution of the founders that federal judges are independent of the political system, it not only refers to their tenure and salaries, but more important is their power source. This provision is unbelievable, in any other political system, and in the USA became a reality, the USA constitution become a truly revolutionary constitution.

However, the policy goal of judicial independence and constitutional ideas, and not in the American constitution period for all USA a person with breadth of vision to recognize. The realization of this goal has experienced a very big dispute. In the controversy in the formation of the two different groups and views, one is the judicial independent support group, another is judicial independence opposition.

Judicial independence support represented by John Adams. They argue that judges must be independent, it is necessary to establish an independent judiciary. This is mainly based on Montesquieu's theory of separation of powers theory, there are two specific reasons: first, the judiciary is independent of the legislative and executive branches, to three power balance, so that the judicial authorities can effectively control the two remaining Political Department concentrated power. John Adams was once explained: "the judicial power shall be separated from the legislative and administrative department in two, and independent of them, making it the two departments form restriction, therefore, judicial independence in the organization is necessary." Second, the only independent of external intervention, can they really accurate interpretation of the law by, make the right judgment. This is the reasons put forward by Montesquieu. Adams also thinks, the judge can not to be different interests, they shall be independent of any person, any group, therefore, judicial independence in court is necessary.

But some people oppose the judicial independence. These people, from the judicial was subject to the king the historical fact that, only the judicial and legislative subject to USA or American can people from tyranny. America historian Gordon Wood once said, "most of the early founders are not aware of the independence of the judiciary is independent of the people". Many states USA early constitutional provisions are judge time limit or ordered judges receive regular election, even in those judges such as loyalty can tenure in the state, also often let parliamentary control the remuneration, or rules that only through Parliament declared that can remove the judge. In 1776 Jefferson once said, the judge only parliamentary machine. Wood pointed out: "this phenomenon reflected the revolutionary history, the eighteenth Century colonial parliament struggle has been with British monarchy, not only reduce parliamentary intervention on unintentional revolutionary court, but also to strengthen the court's intervention."

However, the debate between 1776 and 1787, the advantage to the judicial independence advocates. The legislature was charged with usurpation of judicial power, the state constitution was given too much power and parliament under attack. Decentralization growing. By 1784, Jefferson changed the point of view, began to support the independence of the judiciary. Jefferson thinks, in the state of Virginia in the constitution, because the members of the judiciary department subject to parliament, the lack of the power of the parliament of effective control of Parliament, even to usurp the judicial power, and no one objected to the idea, even if there is opposition, also be of no avail. Because, through the legislation form binding on the other branch of the legislature, the Parliament can exercise the judicial department should belong to the exercise of jurisdiction. Wood pointed out that, due to Jefferson and others fear the tyranny of Parliament, decentralization claim to have the upper hand, eventually making the independence of the judiciary in the constitutional convention to victory.

Two, American guarantee of judge

The same as any other real judicial independence as a nation, America judicial independence includes the independence and independent organization two aspects meaning. Judge independence refers to the independence of judges referee, refers to the judge's independence; independent organization refers to the whole court independent, interdependent. Organizational independence is the premise, judge independence is to further implement the organizational independence. Judges are not independent, although organizations can be independent, but can not be called a real judicial independence. USA constitution also stressed the importance of these two aspects, but relatively speaking, the constitution of the independent or to judge independence seems to be more valued, and organizational independence seems to be self-evident.

American constitution imposed on the independence of judges the security, is realized mainly through three aspects: one is the system of tenure system; two is the salary may not reduce system; three is the judicial immunity system.

Tenure system is American federal constitution of system security American federal judge has to offer, to judge, is not necessarily to implement this system. Its meaning is: if a judge to be loyal to their duties, be tenure; if you want to release the judges, must be prescribed by constitutional formal impeachment proceedings. The stipulation American federal constitution of third in the first paragraph: "the Supreme Court and lower court judges if well behaved, must continue to serve". This is called "duty clause".

Reportedly, the "loyal" provisions during the America Convention by Virginia the representative in its ninth resolution proposed. This clause has been respected during the constitutional convention, as of course, not basically change. Only a constitutional representatives proposed to add "by the administrative departments of house and Senate application can recall the judge" content in the clause. The motion was rejected. As James Madison argues, since it has been prescribed the judge if loyalty have lifetime tenure, and judges can be removed without trial, this is stultify oneself. Madison also think, is fundamentally wrong to judge on the arbitrary authority. James Wilson also pointed out: "if the political departments under the control of two judges a partisan, judge sure the situation".

Hamilton in the "Federalist Papers" had the judge's tenure for detailed argument. He said: "if the court should be considered only right constitutional restriction of legislative authority of the security, fixed position is very ample reason to judicial officials. Because in addition to this, there is no any other provision of more to judge to maintain its independence, and the independence of judges is to perform the arduous task of necessary condition." Hamilton will judge's tenure as regard the most important system guarantee of judge independence. Hamilton also from another angle to judge if the temporary office will have what harm. He said: "the firm, has always respected the rights and the human rights granted by the constitution, but the justice have quality, can have the judicial personnel not temporary appointment. A short tenure of judges, no matter how the appointment or who will be appointed, in some respects the independent spirit affected." Now say, the fixed position also can make the judges have more time to study law, accurately grasp the law, correctly understand its meaning, so that the correct justice.

On the independence of judges security is also reflected in the judge's salary system. America judges pay more abundant, federal judge with members of Congress, government officials pay roughly the same. A federal judge wages unified standard, different area, the judges of the court of appeal court judges and judges of the Supreme Court's wage, the. State court judges pay relatively low.

The characteristics USA wages, not only in its amount is higher, especially the performance requirements shall not be on the decrease in its. This is specified in USA federal constitution of third in the first paragraph. This provision: "(the Supreme Court and lower court judges) should be compensation for services within the prescribed time, the rewards in their continued tenure may not reduce." This is the so-called "payment terms".

Reportedly, the original in the drafting of constitutional provisions, once used to judge pay "no increase or decrease" argument. Then a regular judge fee increases as the representative of Maurice's proposals, because during the value of money in the judge may change, life style and judicial business volume will change, all of these make the adjustment necessary remuneration. But Madison raised objections. Against the reason Madison is, once the judges want to increase the fees, they would go to the legislature to lobby, it is difficult to rabbit in the legislature inappropriately grovels before, this will undermine the independence of judges. However, taking into account the shouldering the important responsibility of the Department of justice, substantial reward is the necessary condition to attract top talent, so will eventually "no increase or decrease" is amended as "shall not reduce".

USA judges of the higher wages, and shall not be reduced, but also reach the statutory age Belt was retired on full pay, do so on the judge's independent jurisdiction, is very good. Concrete and Words, its benefits: first, because of the high wage can guarantee the judge of the living conditions of the superior, in favor of "high salary". Second, can remove any menace from the "rear" judges, in favor of the judges at the judicial. Third, can reflect the higher social status, to win people's respect and admiration. Fourth, is conducive to a stable team of judges, the exclusion of other occupation of the temptation.

Of course, USA judge wage opened with some private lawyers compared are rare, such as the New York Federal District wage is not to the lawyer's half. Therefore, Congress is now considering drafting legislation, there are trying to solve the wages, health, personal insurance, regular holiday system and travel reimbursement system etc, in order to attract a large number of excellent talents to court.

In addition to lifelong system and salary system, USA law on the protection of the independence of the America judges and embodied in the enjoy judicial immunity. The so-called judicial immunity, is refers to the judge in accordance with the authority of the judge and the implementation of the act, shall any judicial exemption from liability resulting from the. That is to say, except a very narrow limits, judge for anything according to their positions on the power for all without complaint. The Supreme Court in 1872 America "Brad v. Fisher" case identified: senior court or court of general jurisdiction judges for judicial conduct their, in civil litigation is not responsible. Even if this behavior is beyond their jurisdiction, and accused of intent or corruption and degeneration in, and so. American Supreme Court in the trial that, only when the judge action in the apparent lack of any jurisdiction in the case, the exemption does not exist. In the decision after 105 years, American Supreme Court in 1977 to "stump v., Parkman" decision, has cited the case as a legal justification for the argument that. This shows that, USA Court on the judicial immunity view has not changed.

The case is so. In 1971, Ms. McFarlin's Prussian officer to apply, asked her daughter Linda to take a sterilization operation. The application of such narrative: Linda was 15 years old, and anisotropic fucks, many night away from home for the night, and her mother could not stop her continue like this. Applications based on these statements, ask the judge to approve to Linda to take a tubal ligation operation. Indiana DeKalb County Circuit Judge Stump did not ask for Linda, in the approved the unilateral application the same day. A few days later, Linda is through to the appendix for removal on the grounds of a sterilization operation. About two years later, Linda married found himself being a sterilization operation. Learned that this, he accused Stapleton judge for the violation of her constitutional right of the responsibility for damages. America Supreme Court with 5:4 votes judgment that Preston law should exempt from prosecution, and the abolition of the Seventh Circuit Court of appeals previously recognized Stapleton judges should accept the verdict against. The ruling thought, the laws of the state of Indiana has authorized the Prussian officer's accept sterilization application, and on the basis of the application to take action; even his application approved is wrong, however, in enjoy judicial immunity circumstances, shall be exempted from the burden of liability for damages. This decision shows that, in America, as long as the judge jurisdiction, the case then, whether he made the decision is right or wrong, their words and deeds in the trial process is from legal action. Of course, if the judge's behavior belongs to the impeachment case, is another matter.

Three, occupation ethics USA judge

L982 year in May 20th, the famous British judge Denning's "published" the law in the future, people rushed to congratulate him. The tannins are planning their retirement thing, this time he was already 83 years old. However, with no thought of, the publication of this book, for he is an "Achilles' heel". "Achilles heel" is the story of a Greek myth. It is said, in the Achilles was a baby, his mother to bring him to the sword without entering. Therefore, she pinched his heel turn his body into a Styx river. This is a river god. Later, Achilles was not the sword, formidable, the illustrious military exploits in the war. But, maybe he is brave too, once, he in the temple. A woman's hand, at this moment, Paris arrow and shot at his heel, then, Achilles dead.

With the two short chapter book about jury metaphor for his "Achilles' heel". This probably means "law" in the sixth chapter of the future "in the reform of my presidency". Here some tannin used "color" of the word, said the defendants by 35 times the absolute right of objection, the aim is to win as many as possible of white and colored jury. Tannin intention, according to his interpretation, is lacking in order to explain the absolute right of objection system. And tannin this description, is also fully reflect the actual situation. Besides, in accordance with the tannins that, without any other judge Bidenning colored did more good. "The times" was titled as "outrageous decision", made a report. Reports have the words "Lord Denning on many black is not suitable when the jury's comments were ill considered, certainly will cause considerable resentment in the black, this is self-evident. If he had to be involved in a race case to make a decision, he will show his personal prejudice, his sentence may be his personal race emotional impact. We hope that this criticism is unfounded, but Lord Denning has effectively put itself in a position to deserve this criticism." Lord Denning finally had to a week after the publication date announced his retirement, and also make a public apology. Shortly thereafter, "peep eye" magazine published a cartoon, painting is the two funny lawyer read an article entitled "tannins will retire" article, in which one says to another: "I think the house of Lords will overturn his decision." Lord Denning brilliant life, celebrated the last thus ended his career judge. In this regard, tannin certainly feel very depressed, he thought had due to bribery charges and therefore dismissed judge Bacon, and Shakespeare in the "Henry VIII" in a book's words to express his mood at the moment. This paragraph of word said: "goodbye, goodbye, my whole magnificent cause never goodbye. The world is so. A person born hope leaves today, second days opened flower, the body covered with bright red in honor of the flowers, the deadly third day frost came, the people also live in a drum with full confidence, thought his grand business is mature, unexpected frost is biting bite his roots, then he down, and I like. I like tied to a pig bladder children swimming, several years in the glorious sea rash, swim to the depths of my beyond one's strength one's power, the blowing bulging momentum finally burst, years of work that I only come to a tired old body today, despite the raging waves of mercy, take me forever buried."

I tell this story about the tannin in here, is not to disparage the greatness of Lord Denning, but would like to ask a question: the judge should how to behave yourself? The judge is independent, but also restricted by ethics. This is all in the ethical issues about judge. Ethics of judges or code of conduct, is an indispensable component of shaping the image of the judge rules in the net. The judge if the violation of ethics or against the occupation moral, light is to be condemned and criticized, heavy punishment, even criminal investigation by impeachment. This two points: first, the judge is a person, need to be general constrained about people; second, the judge is special, need to be special constraint. The combination of the two, is the ethical problems.

The so-called ethical, is a general name for the relationship of human society life norms, principles and rules. Ethics is the same with the national compelling force law a category relative. The foundation of ethics is the conscience of the individual, social public opinion and habits. Hagel pointed out: "the ethical thing is free or self existence will, and the performance of objective things, the necessity of the circle, the ethical power of each link of the inevitability of the circle is the adjustment of individual life." Obviously, Hagel is to define the concept of ethics in the ultimate sense, in this understanding, of course, includes the legal, ethical, or thought, ethics is the basis of law, the law must contain the ethics, but not necessarily for the Ethical Evolution law. In this sense, ethics and justice and internal contact together. Hagel responded that states: "the human ethics as eternal justice, is self existence of god. In these God, people bustling about but is playing a seesaw game."

Ethics all have the habit, the judge is no exception. Judge's ethics is also called the ethics of judges, refers to the judges need to abide by the occupation in the operation of the occupation ethics. Standard ethical values are inevitably influenced by social environment, ethical standards that judge is the same, different times have different requirements of ethical standards. In the Enlightenment period before, because the judge has the task of the law, the creation of so, the judge must take the perfect personality to create the law, and make the law of value judgment. That is to say, the judge not only has the "intellectual" should be in the knowledge level, but also must have in the evaluation of the level of "character". At the start of thirteenth Century popular treatises in Germany for 250 years "Schwbenspiegel" once pointed out, the judge should have six characteristics: justice, fortitude, wise, solemn, wise and experienced people. Wolf (Wolff) think, in addition to the above, the judge and the jury is still required to achieve full of sincerity and love to all people.

By fifteenth Century, mankind entered the period of enlightenment, people began to destroy the human desires and guile to think, and thus leads to reasonable doctrine. In this historical background, the unreasonable factors of the moral judge, had begun to lose the trust. Since it is a characteristic of human desires ingrained, it will certainly affect the trial of the "personality", so it should be tried to be excluded. To ensure the judicial independence, elements must be carefully excluded judge "character", elements and only retain their "intellectual". Later the age of enlightenment, the separation of the three powers prevailing theory of Montesquieu, the judge was known simply as the enforcement of the machine, so the judges shall be no "personality". At this time of the judge's ethics requires all confined to the intellectual, the intellectual "machine". The judge's intellectual performance intention when he should be confined to the discussion of the legislators, and interprets the relevant legal documents, and do not allow any creation function of legal norms. However, nowadays, with the rise of micro law and freedom of law, sociology of law and legal realism, the judges requirements have changed. The modern meaning of the judge, not only be able to independently, appropriately, accurately, quickly apply legal judgment, but also timely made law, fair justice, and to gain the confidence of the people.

America to judge has been more emphasis on the ethical requirements. As early as in 1924, USA Lawyers Association developed a "American judicial ethics paradigm" (CanonsOfJudicialEffoCS). This example of a total of 36, still has certain reference function. When making the motivation model, and a federal judge Landis (Landis) has a direct relationship. Landis served in federal Baseball Association member, refused to leave the federal judges, American lawyers association that the judge has violated the occupation ethics. In spite of this, but was not used to ethical criterion occupation the behavior, thus forming no rules according to the situation. In view of this situation, American lawyers association started the development of lawyer ethical paradigm. In 1972, based American Lawyers Association in this model, and the formation of a revised regulation of judicial behavior but connotation is extremely rich "" (CodOfJudiCialConduCt). The protocol a total of 7, the 7 is: (L) a judge should maintain the integrity and the independence of the judiciary. (2) the judge should avoid improper behavior and performance is not appropriate in all his. (3) the judge should be disinterested assiduous in performance of duty. (4) the judges can be engaged in the law, improve the legal system and judicial activities. (5) judges should control oneself in judicial outside of the scope of activities, so as to reduce the risk of conflict with his judicial duties. (6) the judge shall regularly the judicial activities and judicial activities within the scope of the quasi money received report. (7) the judge should avoid don't fit in with their own judicial office politics. The protocol and later by 1982, 1990 revised many times, and become the basic occupation ethics constraint judge behavior. Now change is the main content of the provisions of fourth, sixth, only 5. In 1978, a federal judge legislation disclosure requirements of the legislation of their own assets, see America code twenty-eighth series of 301st to 309, since January 1, 1979. But the regulations are controversial, in 1979 Luis Anna state circuit court "Du Pulan Teal v. America case", is to challenge the constitutionality of the law, but ended in failure.

Of course, the protocol is not so simple, it had a total of 5, each including a general criterion, the criterion, the specific content within the term, application and interpretation etc.. Criteria and sections, including terminology and part of the application, has the authority, and explained in part through the explanation and examples provide guidance on the criteria and the purpose and meaning, but not the provisions of the additional rules. The protocol for the judge to the specification can be roughly divided into three categories: one is to the standard. The standard terms used to "must", "must not" etc.. This indicates that these norms are prohibitive norms and regulations, to set a binding obligation of the judge. The violation of such norms, will lead to disciplinary action. Second kinds of norms for the persuasive specification, it uses the term "should" or "should not" and so on, in order to judge what kind of behavior is appropriate, what kind of behavior is not appropriate to provide standard. Violation of this specification, but not necessarily lead to disciplinary action. Third kinds of specification for arbitrary norms. The standard terms used mostly for the "can", belongs to allow judges to judge what kind of behavior is not prohibited for any action or specification. Through reading the "judicial behavior specification", and refer to "America Sheriff ethical paradigm", ethics must have the modern American view can be summed up in three words, that is: independence, impartiality and capacity. These three characteristics and standard in the statute preamble is explicitly declared: the legal system USA is laid on such a principle, that is independent, impartial and has the ability of judicial interpretation and application of law and legal. The judicial organ function, expression of the core content of USA people's concept of justice and the legal view. The basic spirit of the statute of One principle runs through it all. is: whether there is in the name of the individual or the collective name of judges, must respect and cherish the public trust for the judicial organ, all efforts should be made to enhance and maintain the public confidence USA placed on the legal system. The judge is to solve the factual and legal issues in dispute mediator, it is symbolic of government under the rule of law is not easy, to elaborate and demonstrate the following.

1 judges must have strong and independent personality

The first section of the protocol on the provisions of the judge's independence and integrity, integrity is also called fortitude. Integrity and independence of judges ultimately dependent on their behavior be fearless or avoid leaning to either side, which is also a judge from the public trust of the first source and premise. The independence of meaning and reflected in the law on the mentioned earlier, here to explore the independent connotation from ethics.

Protocol first on the independence of judges only stipulate the very simple, as if this is self-evident. It said: Although judges should be independent, but they must abide by the law, including compliance with the protocol. This shows, independence by judges in legal compliance. This and the independence of judge's understanding is the same, that is, judges must be independent of the parties, not subject to any other organs, organizations and individual intervention, but the judge must obey the law. In this sense, the judge is independent of any man, but under the law. The famous British judge Kirk once said "the king in the million people above, but under the law", there are similarities with the characteristics of.

The independence of judges what mean? The German scholar Bauer (Pal) has listed eight layers of meaning:

(L) judges must be independent of the forces between the state and society;

(2) the judges must be independent from the higher authorities;

(3) judges must be independent from the government;

(4) judges must be independent of parliament;

(5) judges must be independent of political parties;

(6) judges must be independent of the news;

(7) the judge must be independent of the national prestige;

(8) judges must be independent of the self, prejudice and passion.

According to the "America judicial ethics paradigm" (hereinafter referred to as the example), independence and to achieve independence of the strong performance in the following areas:

First, the judge is not controlled by the parties request, public uproar or personal reputation, and have no fear of unfair criticism.

Second, the judge shall at any point is that its behavior but difficult. The judge must be conscientious, study, complete, sincere, patience, honesty and fairness, law, the judge must shout unafraid of the masses, in disregard of public admiration, without the effects of personal political or partisan of the judge, not because of business or other personal stakes and influence its rapidly due to perform Judicial Affairs, the judges not to satisfy personal ambition or improve personal prestige and perform their duties.

Third, the judge should keep the trial procedures to meet their majesty and dignity of manner.

Fourth, the trial procedures must be reflected in the confirmation under major and serious real.

Fifth, the judge has the support of the Federal Constitution and the obligation to execute the state constitution. In order to complete this obligation, the judge should be a dauntless spirit, to comply with applicable restrictions and the guarantee of basic.

Thus, the independence of judges is a kind of spirit, and then is a kind of system. It is all a judge is not to be independent, indomitable spirit, can the human inherent concept of justice, fairness and so on various concepts are good, to the actual process of justice, summary and create a variety of legal norms, thus become the guarantee system of the judges independence.

2 Judges must have a certain level of knowledge and ability

No matter what a law, any country, judicial trial are carried out according to the logic of the form of the syllogism, namely, the judge first recognized the fact (minor), and then applies the law (premise), the last judgment (conclusion). Of course, legal norms here refers to the statute, can also refer to the case law or customary law, even also refers to the abstract concept of justice. So, the judge ruled, is a very complex process, Rong is a scientific, technical, formal, substantive integrated behavior. This is from the dynamic perspective. From the static perspective, judge can be resolved into two aspects, namely the facts and applicable law. The facts that need to research, historians and archaeologists like that, using complex material, with the help of the experience rule and logic rule, the facts. Application of law is to understand the meaning and meaning law as the prerequisite. Not only do the strict enforcement of the law, but also to be flexible. Should not only obey the law in principle, but also to the analysis of the specific matters of law. The judge also need to make a decision, the verdict should specify the reason, reason and decision making can show the level of. All these show that, as a judge, need to have the field of facts and law aspects of knowledge, also need to have the actual ability to work. The judge is a collection of multiple roles: in the trial stage, the judge is a solemn judge; walked into the office, the judge is a skilled managers; walked into the study, the judge is a rigorous academics; out of the study, the step of society, justice is a social activist. Of course, the judge is in daily life, he is a wealthy person, be courteous and accessible ordinary human. So, do a judge is not easy, this is mainly displayed in should have the ability of judge. So, the judge should have what ability? In accordance with the provisions of the America law, should have the ability to judge mainly in the following aspects:

(L) the judge should take the general legal obligation. The judge's obligation should be various other activities prior to the judge in the.

(2) the judge shall assume the duties. The judge to assign him any case treatment should make the trial.

(3) the judge shall abide by the provisions of the law.

(4) the judge should be able to maintain the order of the court in adjudicating cases, pay attention to etiquette.

(5) the judge must have patience and a sense of dignity.

(6) the judge should be able to rapidly, effectively, fair treatment of various judicial affairs.

(7) the judge shall diligently perform his obligation to management.

(8) the judge shall timely and effective disposal of litigation in violation of discipline, or give it to other institutions.

(9) a judge must remain moderate, careful, patience, fairness.

(10) the principle of justice must be devoted to the study of law, and show their diligence and enthusiasm in this respect.

(11) the judge must immediately the proper composition of the collegiate bench.

(12) the judge should be able to make his assistant sincerely, expertly assist their work.

(13) the judge with enthusiastic attitude to not the familiar lawyer lawyer in court should be, and be able to use the opportunity to correct the lawyer's error or criticism.

(14) the judge shall, to the construction of legal system, especially the construction procedure and improve the system, make the obligatory contributions.

From this point of view, the ability of judge is a very broad concept, involved many field, it is the minimum requirement of the judge. Any judge if Live up to your name words, should have the ability, certainly not limited to these abilities. However, perfect the independence of judges and the judicial system is the prerequisite to the judge to obtain the ability of. If the judge can not enjoy the whole independence, the superior court independence and judge independence on the other, if the judicial system is still not perfect, the ability of the judge is tantamount to edge of wood for fish. Of course, the ability to judge is not the ultimate goal of this, it is a foundation in the final analysis, the purpose is to ensure the impartiality of the judge and trustworthiness.

3 judges shall be impartial and trustworthy

A judge must be fair, this proposition and the law must be fair has at least equal significance. Because, if the law is just, but the judge unjustly, the law can only be partial tool and excuse; conversely, if the judge is just and unjust laws, it is not an ideal justice in judicial justice, this proposition, the impartiality of the judge is the standard, is the key, is the first in any case should be to ensure that the.

In the west, there is a sentence saying, called "judge not only if justice, but also to look is fair". Just to judge is not only the inherent quality, but also to have the external performance. Justice is not only the objective concept, but also a subjective concept. The judicial process in the course of the operation if the objective is fair, but if the justice is not justice be judge especially justice realize, that is only the half of the justice. The only subjective fair and impartial justice organically fuses in together, constitute the fair perfect circle, can be called real justice. Conversely, if the objective of justice is missing or is not ideal, but if the subjective justice satisfied, can call it justice. Because, on the subjective and objective justice will not just to cover up, objective justice has been achieved, therefore, we can say that it is just the. Of course, the objective of justice is the basis and prerequisite for fair subjective, not objective justice, subjective fairness is difficult to achieve. Understand the meaning of two layers of justice and their relationship, it is not difficult to understand the various ethical standards American legislation put forward on the impartiality of the judge's ethics standard, which is just the objective tendency, but also more subjective justice implication. According to the America method, America the impartiality of the judge asked is mainly manifested in the following aspects:

(1) the judge engaged in various activities, should avoid any unfair behavior or performance.

(2) to effectively implement the system to avoid the.

(3) the judge shall not participate in any race, gender, religion or nationality of the malicious acts of discrimination based on organization.

(4) the judge shall perform its legal obligation without any prejudice or unjust cases.

(5) the judge shall request the court lawyer to refrain from any act or performance.

(6) the judge shall inform each with the legal interest of litigation and lawyer the right to appear in court the right.

(7) the judge shall not be of any pending cases published any comments the impartiality of judges.

(8) the judges not to jury verdict outside the court order or court opinions form to be demoted praise.

(9) a judge should not be to any judicial independent and objective, disclosure or use of confidential information obtained by judicial officers of the.

(10) the judge must quickly and carefully handle the case.

(11) the judge shall have the court for a non party or parties to the court the creation concept.

(12) the judge shall not cautious or deemed imprudent behavior in public behavior.

(13) the judges not to parties, jurors, witnesses to appear in court or any other person having compassion.

(14) the judge in the trial can be properly interventional examination of witnesses, but without undue interference.

(15) the judge should avoid the same party unilaterally meet, communication, debate.

(16) the judge not to specific individuals as forming the basis of justice.

(17) the judges not in judgment, to the extreme, unusual way, not to the dramatic or emotional way to command procedure.

(18) the judges not humiliating behavior or punishment force anyone to accept no legal basis, his invention.

(19) the judge shall ensure that the parties of prosecution and the right of appeal.

(20) the judge shall not hold their positions incompatible duties.

(21) the judge shall not have money or other debt.

(22) the judges not because of its private enterprises or charity and accept donations from others or give a person with such suspicion.

(23) the judge must be treated with caution easy action litigation business, judge not personal investment in such enterprises.

(24) the judges not to obtain the qualification for judges information as speculative purposes.

(25) the judge as executors, administrators or trustees should support cautious attitude.

(26) the judge must avoid any political speech, collection, donated and raised funds for public support of political parties, candidates or political party conference.

(27) the judge shall not accept any Party committee position or to stay, or as party leader, or to participate in the activities of political parties in general.

(28) the judge candidates, not to when the judge gives the benefits for the purpose of any one relevant agreement.

(29) judges elected judges, should avoid using them as judges advantages.

(30) the judge shall also engaged in lawyer or legal consultant and other similar functions or activities.

(31) the judge shall not accept Party or lawyer or any appeal judgment of legal relationship of people's gift.

(32) the judge to impartial judgment duty, should be engaged in social activities in a reasonable range, without living in seclusion hermit. But the judges are engaged in these activities, in order not to affect the fair trial of cases.

(33) the judge in the judicial activities, must not make people as a judge judge ability of reasonable doubt; must not belittle the image of the judiciary; must not interfere with the proper performance of judicial office.

(34) the judge can speech, writing, lectures and participate in other related laws, the legal system, judicial and legal content outside activities.

(35) the judge should strive to promote judicial justice, judicial independence and the legal occupation ethics.

(36) the judge in any of the above actions, must be without rebuke.

Above is the judge justice image and just behavior. The impartiality of the judge's independence and the ability of the foothold, is also the judge get the parties and the direct source of general social trusted by the masses. Judge each hearing a case, with the rights and liberties of contact time, a test is accepted by people. Judge from the people, should be put one's heart and soul into became the representatives of the people, and work for the benefit of the people. The judge handling the case, in the final analysis, is a variety of conflicting interests of balance and trade-off, boundaries are delineated rights and obligations, is justice, overcome injustice. All this, all depends on the judge's impartiality. No justice, what the people's rights and the value of freedom, what rights and obligations consistent idea, what a society ruled by law, all become empty. In this sense, you can think, judge is the cornerstone of the rule of law, the impartiality of the judge is the soul of the society ruled by law and the fundamental pillar. It is because of the impartiality of the judge is so important, the judge has placed high hopes, will have a series of judge security systems, but also have the impeachment system of judge.

Four, USA judge impeachment system

A federal judge only according to the statutory procedures approved by the house and Senate, can be deprived of its qualification for judges. Specifically, the program is made by the house of Representatives and the Senate hearing the complaint. This is the process of impeachment.

In America, impeachment proceedings and criminal proceedings have difference but also have relation. According to the provisions of article first of the constitution of the America, impeachment decision can only lead to recall or additional qualification of deprivation, and may also make the penalty of the koga. But the impeachment of the behavior of objects at the same time, if a criminal offense, the impeachment of remaining, also can continue to cause criminal procedure. In criminal proceedings, certainly to impeach the object of conviction and sentencing. Visible, the impeachment proceedings and criminal proceedings, even if the same object, but because the program's goal is different, so can make different sentence. Furthermore, by the house of Commons to launch impeachment proceedings, the trial, which also mentioned, with criminal proceedings by the public prosecutor court trial of different.

The impeachment proceedings and judicial disciplinary procedure and system also has connections and differences. Disciplinary results can is ordered to retire or removed, the impeachment and similar. Moreover, the impeachment of reason and disciplinary reasons are similar, but the nature of the two different. Impeachment is because the judge violates the constitutional principle, the constitutional order or in violation of other laws and regulations and the good custom, therefore has lost the people's trust and the trust of his. Visible, impeachment of the behavior is a kind of more serious behavior, disciplinary procedures have be of no avail, so the process of impeachment is often the prelude of criminal procedure. Disciplinary punishment by its nature also belongs to the judicial organization, the behavior of the plot is generally mild, this point and the impeachment procedure of different. USA judge disciplinary system in 1960 first originated in California, California in the years after the revision of the constitution, adding the credentials committee. The committee is made up of the selection: by the state Supreme Court judge 5 people, state bar president conference elected 2 lawyers, the governor recommended by the State Senate or consent to the non legal professionals elected 2 members. The committee based on people's complaints, the judge has no ability or behavior whether misconduct issues such as investigation, and to make recommendations to the state's highest court, ordered the judges retire or be removed.

Articles of impeachment and devotion to duty clause closely relates in together, they are actually two aspects of one thing. This shows that, the judge's tenure is not absolute, in compliance with the statutory conditions, according to the legal procedure to exclude the tenure of privilege, the termination of its judges, however, ensure independence of judge impeachment is not in contradiction with the judge, instead, it and be loyal to their duties terms and tenure system together, constitute the system of guarantee system of judge independence.

American constitution of judge impeachment procedures and conditions, and to all the other officials impeachment system together, as a whole to be specified. This is America federal constitution first third sixth and seventh of the Convention, the so-called "articles of impeachment".

According to the provisions of articles of impeachment, one of the most important weapons in the exercise of supervision of the Congress of administration, is the power of impeachment officials. Impeachment exercise is the key points in the following aspects:

Impeachment by the house of Representatives (L).

(2) the Senate impeachment trial.

(3) Whoever impeached, without 2/3 of the Senators present agree not punishment.

(4) the object of the exercise of the right to impeach President, vice president and judges.

Five, USA judge training

1, American perceptions of the importance and necessity of the training of judges

According to American concerned personage introduction, USA past on the training of judges do not pay attention to, that the judges are selected from the ranks of lawyers, they have several years or even ten years experience of judicial practice, and so there is no need for specialized training for them. However, with the change of the rule of law American, economic development, the progress of science and technology, the new judge number is increasing year by year, the increase of cases and the backlog, make people realize the necessity and importance of training for judges. The new judges need training, old judge also need training. Necessary for the new justice without training, they cannot be well qualified for their work; the old judge without training, they can't meet the need of the situation, not to improve the quality and efficiency of case handling. So from this century fifty time, America began to pay attention to the new and old judge training. And take a series of effective measures, ensure the normal judge training work in a planned, organized, leadership. The judge training or voluntary participation, the future may develop must participate in the. Law 17 states now existing, newly appointed judges must participate in the training, 5 states have laws and regulations all judges are required to participate in training. Now they not only pay attention to the training of judges, but also pay attention to the administrative court officials and lawyers training. Some states explicitly stipulated in the law, a lawyer must after 45 hours of training. This is to improve the quality of case handling, handling necessary for efficiency.

2, training institutions and form

American judge training institutions more, a federal court, a state court; a The national organization, also have a state agency. Headquartered in the state court in Fort Williams The center, located in Washington, the Federal Judicial Center, located in the judicial administrative institute of New York, located in the Renault America National Judges College, these are the specialized agencies nationwide judge training. States also have their own judge training center, for example, is headquartered in San Francisco, California (hereinafter referred to as "California") Judicial Education Center, is responsible for the entire California judge training work. In addition, the establishment of institutions for training judges in some University School of law (School of law in the administration of justice such as University of Michigan Law School of Continuing Education Center, University of Denver School of law), or by the University School of law is directly responsible for the training of judges, not the other institutions. Below is a brief description of several specialized institutions for training judges:

The New York judicial College

It was established in 1952, set up in the Law School of New York University, 70 years of independence. It is the task of training the appeal court judges, and sometimes also training the federal court judge. Every summer for two training classes, is a secondary, a senior, the newly appointed judges of the main training. Training content is the administration of justice, making judgments, medical and legal issues in the economy, arbitration, mediation. Judge each other experience, please also law school professor teach some special classes, is the main body content. The college has established exchange programs with foreign courts, with China also established exchange programs.

The National Center for state courts

It was founded in 1971, is responsible for the management of state court and state court judge training work, to guarantee the judicial work smoothly. The center is headquartered in Fort Williams, under the three training center. The center for the state court service, to the court management, case processing, how to reduce the backlog of technology research, including the development of modern machines and equipment, formulate the training plan, and published in various journals and written materials, state courts annual report. San Francisco based western state court center, is mainly responsible for two research projects, one is how to collect accurate information by computer communication, two Township cases procedures, but also carry out technical advice, training and training of judges and judicial and administrative personnel, more than 20 service.

The Federal Judicial Center

It is 1967 according to the independent agency bill approved by President Johnson of the federal court system, responsible for the training of judges. The center is composed of judges, executive director of board, the Federal Supreme Court chief justice as chairman. The lawyer, criminal law experts, sociologists, demographers staff. The center decided to federal judge training plan, printed materials, video tape.

The Reynolds National Judges College

It was founded in 1963, the main training, judge, justice of the peace, a felony court judge. Such as training them how to instruct the jury, in 1989 they started training a bankruptcy court judge. Is generally 4 weeks to learn, two weeks to learn basic courses (such as the judicial system, judicial selection approach, law schools etc.), Another two weeks to learn the "law and society", "the evidence found" etc.. The annual training judges reached 1500 people, teachers are the achievements of the judge, expert, and a few law school professor, a total of more than 150 part-time, 12000 people have graduated from the school, there are 30000 people have achieved graduation certificate. In South America, Latin America, Asia, 108 countries have come to the school of judges. They are Honduras run training courses, training for the judge.

The school also set up a master's degree in legal studies. Read this degree must be a graduate of the University of. Students must be in 6 years to be completed 32 credits (26 credits in classroom teaching, the paper accounts for 6 credits) courses, some students use two summer school six weeks may also learn. Students should listen to some classes in the University, to write a dissertation. Main courses: history, judicial system, judicial selection method, the role of the various schools of law (such as law, law and social criticism). Full credit to write papers, after the respondent through, to obtain a master's degree in justice studies can be. The steering committee is composed of university professors, judges, experts, to recruit 20 people every year, in recent years has obtained the degree of 58.

The California Judicial Education Center

The center is located in San Francisco, it is divided into three levels: the first is the training of judges judge training, also called basic training. The main methods are: by senior judges in the judicial practice, guidance, with the old judges have the experience with hearing a case, have experience in handling cases; training courses, mainly on the proceedings, the court how to solve the problem, civil law, criminal law development, taught by experienced judges and lawyers, making videos, watch and discuss (such as police search procedures). Second is the on-the-job training, also called intermediate training. 8 judicial seminar held annually, including civil, criminal, family, juvenile, probate and interdiction, also held administrative law, administrative management seminars, training of administrative law judges. The third is a senior professional training, is mainly carries on the judge's rotation trial of criminal and civil cases. The specified courses and general courses held; jurisprudence, humanities class, understand the development and the philosophy of the school, reading literature books, study how to deal with the moral problems; fact finding and judgment of class; the presiding judge court command and case study classes, etc.. Contact the center with the Malaysia, Singapore, Thailand, Philippines, Bangladesh, Sri Lanka and Chinese Taiwan has repeatedly sent to training, study the experience of these countries, the USA judge training situation, at home and abroad have great influence.

The basic form of the training is all kinds of training classes, only the University of Southern California, University of Denver, the National Judges College only Renault degree system. These classes are held by the judge training institutions, is generally short, for more than two or three weeks, the longest is the first half of the year, the shortest was two or three days. Some training class held year-round, held in the summer. The reason is on-the-job training, short-term training content, is mainly composed of single and specific decisions, and the judge's legal management, America the stability of law, the judge work busy, don't have more time to participate in training is directly related to. Another form of training is the correspondence use publications. American judge training institutions in almost all its various publications, used to carry out the training of judges. Some training institutions founded publications up to ten. Lansing judicial college three publications, "effect", "peer", "the court of first instance.". The law of University of Michigan Law School of continuing education center with the publishing department, has published over 54 publications, is how to write legal instruments, how to handle the immovable property, how to instruct the jury, civil procedure law, evidence law etc.. The National Judges College Renault wrote "court Guide outline". California state judicial education center founded the publication and compilation of the textbooks are also many, such as "justice", "Handbook of trial manual", "the court of appeal trial manual" and so on, to guide the judge to hearing, how to write judgments and rulings. As for the sound recording, video teaching more generally, all of the training institutions are this kind of means and forms of teaching, good results.

3, the training content and method

American judge training content is widespread, and focused, targeted, practical. Application of the strong. Different training objects, different levels of training, different training content. For the new judges, is mainly "appointment education", this person may have a legal background, some may not have a legal background, some may be made judicial work, some might not have made judicial work, but have no experience on the court, so the main shall carry out basic education, including how to hearing how to guide, how to cognizance of the evidence, the jury, the case handling procedures, how to write opinions, etc.. The judge is mainly for continuing education, knowledge update, update, update the concept of education methodology, including the development of the new law, determination methods and empirical evidence, how to improve work efficiency, how to reduce the backlog of cases, to speed up the flow, etc.. Also some special course education to the court of appeal judges, the relationship between content consisting of the court of appeal and the court of first instance, the relationship between the federal and state courts, etc.. No matter what kind of judges, to accept personal and moral education, occupation moral education, discipline education, correctly handle the family relations and his personal mental pressure, guarantee to do a case fair judge. America judge wages while as a lawyer, but their work is very comfortable and love, have a sense of honor, widely respected in society, it accepted that education is inseparable. In order to broaden their knowledge to adapt to the development of science and technology requirements, various training courses generally opened the "law and society", "Humanities and law", "law", "psychology", and various new technology courses, not only solve the problem of epistemology, but also solve the problem of methodology, in order to meet the needs of the new situation the. How legal assistant, the administrative personnel's quality, have a great relationship with the quality, the speed, so they also attaches great importance to the training of these individuals. The main content of the training is how to speed up the case flow, how to manage the books, how to use and management of funds, how to realize the office modernization, how to strengthen the personnel management etc..

As for the training approach, some teachers' teaching, but not the main. The main discussion is the judge. Renault's Judges College attaches great importance to this kind of teaching method, the morning of two hours before the judge listened to the teacher, two hours after their discussion, about 10 people in a group, chaired by experienced judges, learning atmosphere is very active, the judges Each airs his own views., passionate debate. Methods a further training, is by watching the video teaching, the judges look at a section of the discussion. Denver judicial college to take this approach to teaching, the effect is very good. According to the statistics of judicial education center in California, the teaching methods are much better than teaching, it is to listen to, read together, enhance memory, up to 50%; and only listen, only remember 30%; only to see, can only remember 11%. There is a training method, is to provide training and mentoring through publications, which is almost training method, generally take the practice proved that, this method is feasible and effective. On this point the front has been introduced, will not be repeated here.

Source and use of funds, training 4

USA is willing to spend money on the training of judges, they put this point as the intellectual investment, sources of funding channels for a wide range of training more than the. The Federal Parliament and government grants, State Council and the state government funding, and private enterprises, companies with contributions to the fund, an important source of all levels of courts and judges I pay a part of money is also training funds. On the whole, their training funds is adequate, increased year by year. Such as the National Center for state courts judge training in 1988 for $9000000. Only the state court center in the western region has a budget of $820000. These funds come from the federal government grants, contributions from the states. Payment only states in 1988 reached 3000000 US dollars, accounting for 1/3 of the total budget; the other class fee of $3000000. Denver's judicial institute annual budget is $1000000, including $300000 for research projects, run training classes for $700000. These funds mainly from the National Center for state courts, provide the state court, private enterprises and Ford foundation. Renault's National State College on an annual budget of $6000000, which is mainly composed of the American Bar Association to provide $1000000, the state legislature appropriated $2000000, they raised US $3000000, including the class fee, a student to have to pay $270 a week. California State Education Center 1988 - the 1989 annual budget accounting for $2690000, which the state government funding accounted for the vast majority, $2590000 donation, accounted for only $100000, the class is not charge tuition. The use of funds is mainly used for training, training costs, accounting for roughly 50% of the total expenses, administrative expenses including staff salaries, travel, accommodation, teachers, judges, lawyers in return (training class is a kind of honor, not to return, only to pay for the trip, accommodation; law school professor, expert lectures give reward, but the amount is small, some training classes a day for only $9, accounted for about 30%, publication, printing materials expenditures accounted for about 20% of the total). Although in our opinion, they have sufficient funds, but America judge training agencies still to us that their lack of funds, and also to the federal government, the state government to increase funding, to expand financial resources, and called on the private sector, increased aid foundation.

Six, America judge wages

America judge higher wages. A federal judge with members of Congress, government officials pay roughly the same. The federal court judge's salary is unified, specific wage:

The district court judge wage of $90000 per year;

Circuit court of appeals judge wage of $95000 per year;

The Federal Supreme Court justices pay $110000 a year;

The Federal Supreme Court chief justice, pay $115000 a year.

Can be seen from the above provisions, three judges of the court of wages is not a difference of disparity: Court of appeal judges salary slightly higher than the district court, the Supreme Court justices wages is slightly higher than that for the court of appeal.

State court judges of the annual salary is generally 4 to 80000 dollars.

According to the relevant departments revealed, from the beginning of 1989, the federal court judge wages have increased by 20%.

The judge's salary is guaranteed by the Constitution and the law, their salaries during his term of office, shall not reduce. American constitution, a federal judge in the prescribed period shall prebendal gold, the salary payment shall be reduced during his term of office. The president and the Congress shall reduce the wage. The judge in the wage income, there shall be no other income (Lecture except), not business profits.

American judge wages so high, is because: first, high wage guarantee judge living conditions favourable, "wages" ", so as to ensure the independence of judges, to enforce the law. Second, commensurate with the lofty occupation and social status. In American, high social status of judges, highly respected, people can see the proud. Third, can be stable team of judges.

American judge wages although higher, but in private companies and law firms counterparts pay is much less, such as half, New York Federal District Court judge's salary as a lawyer. Therefore, it is difficult for the lawyer to court when the judge. Congress is drafting the court reform bill, the wages, health, health care, insurance, regular holiday system and travel reimbursement issues are resolved. They said: the judicial system of China needs a large number of outstanding talents to court. Therefore, to judge from the salary, social welfare and so on in order to fully guarantee the economic.

Reference.

1, Zhou Daoluan editor of "foreign court and judge system", the people's Court published in 2000

2, "Xiao Yang editor of contemporary judicial system", China University of Political Science and Law Press published in 1998

3, Tang Weijian "the civil justice system American and civil procedure", China Legal Publishing House published in 2001

4, Fang Lixin "five western justice theory", the people's Court published in 2000

(from Songyuan City Intermediate People's court / d.Sound)