法官的身份保障,即法官为正常率性审判职能所必备的任职条件,包括法官的待遇、地位、任免等应得到充分保障,法官免受来自其他权力的不当控制,亦即依法保障法官一经任命便享有较高的待遇、地位,非经法定程序不得随意罢免。法官的身份保障的目的是保障法官依法独立公正地行使审判权,可谓是现代司法独立的基础。世界上许多国家都在宪法中规定司法权独立行使,并对法官执行职务规定了一系列保障,如执法的保障、职务 The judge’s identity guarantee, that is, the conditions for serving as a judge for the normal and impartial trial function, including the treatment, status, appointment and removal of judges, should be fully guaranteed. Judges should be protected from undue control over other powers, Appointments will enjoy higher treatment and status and shall not be arbitrarily removed without statutory procedures. The purpose of the judge’s identity guarantee is to ensure that judges exercise the right of judicial power independently and impartially according to law, which can be described as the basis for the independence of modern judiciary. Many countries in the world have stipulated in their constitutions the independent exercise of judicial power and provided for a series of guarantees for the performance of judges’ duties, such as the protection of law enforcement,