香港司法人员行为投诉及纪律责任追究机制研究

On the Mechanism for Complaints Against Judicial Officers' Conduct and Disciplinary Responsibility Investigation in Hong Kong

香港司法人员行为投诉机制是法官行为失当纠偏的非正式机制。建立司法人员行为投诉机制,对于监督法官行为、回应公众关切、塑造司法公信具有重要意义。香港司法人员正式的纪律责任追究机制主要适用于级别较低的司法人员,对于区域法院法官及以上级别法官的纪律责任追究,除根据香港基本法启动免职程序外,并无其他直接的制裁机制。

The mechanism for complaints against judicial officers7 conduct in Hong Kong is in-formal mechanism for correcting judges7 misconduct, and which is of great significance to supervising the judges’ behavior,response to public concern and shaping the judicial credibility. Formal disci-plinary responsibility investigation mechanism is mainly suitable for lower-level judicial personnel. In addition to the removal program is started according to the basic law of Hong Kong, there is no other direct action to investigating the disciplinary responsibility of District Judge and above level.