Research On The Judge's Responsibility System

The rule of law is not only an important value concept to govern the country,but also a basic way to regulate the society,which is of great significance to the maintenance of national order,especially the legal order.As the backbone of the construction of a law-based society,the court plays an important guiding role in abiding by the bottom line of fairness and justice and leading social values.Judges are the basic elements of the court,exercising the judicial power granted by the constitution and laws of the country.In the three-level structure of "rule of law--court--judge",judge is not only the cornerstone of the construction of a society ruled by law,but also the actual bearer and practitioner of national judicial power.To some extent,the essence of national judicial power governance lies in the standardization of the judge's power.In the possible normative path under the logic of rule of law thinking,the judge's responsibility system with power supervision as the core can better meet the field requirements of legal theory and judicial practice,and can better adapt to the development of The Times and system innovation of the society ruled by law.Judging from the existing research results,the construction of the judge's responsibility system is not the focus of continuous attention in the field of law or practice,and the scientific cognition and grasp of this topic still need to be further deepened.On the one hand,the academic circles and practical circles focus on the overall planning of power restriction and supervision,but relatively lack of special research on judges' performance of their duties.On the other hand,the time span of the judicial responsibility system becomes the theoretical research object is not long,and is affected by multiple factors such as judicial policy,judicial environment and judge's quality.In fact,the construction of the judge's responsibility system has three important legal values: First,to consolidate the foundation of academic theory.As the foundation of the judge's responsibility system,the judge's responsibility should be examined from different perspectives.The diversified value of the judge's responsibility determines that the construction of the judge's responsibility system needs to seek the theoretical support of multiple disciplines,so as to lay the theoretical foundation for the legal perfection of the system.Second,we need to deepen supervision of judicial responsibility.The responsibility of judges is an important part of judicial responsibility,which involves not only the application of relevant legal theories,but also the concrete implementation of the work responsibility system stipulated in the Constitution,and the connection of the responsibility system in the Chinese context.From this point of view,the research on the judge's responsibility system actually further deepens the deep thinking on the supervision of judicial responsibility.Third,protect the professional power of judges.The judge's responsibility is not simply equal to the judge's accountability,and its extension should cover the judge's accountability investigation and the guarantee of the judge's performance of duties,so it is necessary to seek the overall shaping of the system.From the analysis on the judge responsibility system constitution,respectively discusses the constitution principle of the judge responsibility system support,constitution basis,constitutional value,and the judge,which is the basis for judicial system responsibility imputation responsibility form and function,mode,the problem such as liability waiver,and through summing up the experience of the judge responsibility system of justice,On the basis of absorbing and drawing lessons from the mature experience of the judicial responsibility system of typical foreign countries under the rule of law,this paper systematically demonstrates the theoretical basis and revising path of the judicial responsibility system in China.Firstly,a solid theoretical basis is the necessary prerequisite to deepen the study of the judge's responsibility system.In addition to discussing the value connotation of the judge's responsibility,the research should also pay necessary attention to the theoretical basis,the mode of attribution and the immunity from liability of the system.In terms of value connotation,although the judge responsibility system lays emphasis on the judge's accountability in order to realize the purpose of standardizing the judge's functions and powers,its value connotation should also include the relevant contents of the guarantee of the judge's performance of duties.On the basis of academic theory,in addition to focusing on the constitutional basis of the judge's responsibility system,it is necessary to deeply analyze the relationship between judge's power and judge's duty,judge's responsibility and legal supervision,judge's responsibility and judge's professional ethics in combination with the theories of other disciplines,so as to clarify the essence of the judge's responsibility system as far as possible.In terms of the attribution mode,the selection of the attribution mode of the judge's liability system should be based on the professional ethics responsibility mode as the standard paradigm,which not only covers the investigation of the judge's violation of the law and regulations,but also includes the judge's violation of the professional ethics behavior into the scope of responsibility punishment.On the immunity of responsibility,the judge should seek the balance between the punishment of responsibility and the judicial efficiency.At the same time,in order to strengthen the guarantee of judges' performance,the legal status of immunity of judges' responsibility should be clearly established.Secondly,the evolution and application of the judge's responsibility system reserve the improvement space for its system development.To grasp the judge's responsibility system should be based on the overall norms of the system,and focus on the characteristics,nature,historical evolution and limitations of the system.In the process of sorting out the historical evolution of the judge responsibility system,we should correctly understand the contents and system limitations of the wrongful case responsibility system,the illegal trial responsibility system,the compound judge responsibility system and the life-long system of case handling quality.Current judge responsibility system of the judicial practice has shown such as accountability for subject order,accountable way simplification and program design is not reasonable,and since the security mechanism,such as lack of system operation and cause the system reason of such a predicament mainly comes from the lack of theoretical knowledge,the system design flaw and the court within the system protection,These factors together become the crux of the problem that restricts the sound operation of the judge's responsibility system.Thirdly,mature judicial experience is conducive to the completion of the stage of the judge's responsibility system.This paper selects the United States,the United Kingdom,Germany and Japan as the objects of investigation,and according to the thinking logic of "judge accountability--judge performance security" to introduce their judge responsibility system.Among them,the content of system reference significance is: in the aspect of judge accountability,the United States and the United Kingdom take "improper conduct" or "good conduct" as the standard,and define the legal subject of judge accountability and the scope of responsibility,and establish a judicial attribute of judge accountability procedure.The responsibility of judges in Germany includes two parts: the civil servant punishment and the exclusive punishment of judges,and the federal job court and the administrative court are established as the legal subjects of the accountability of judges.At the same time,Germany also imposed a legal limit on the time limit of the judge's accountability.Different from other countries,Japan has made detailed written regulations on the accountability system of judges,and brought economic punishment of judges into legislation as a legal way.In terms of the protection of judges' performance of their duties,as for the professional power of judges,the above-mentioned countries have standardized the independence of judges and the protection of their power through legislation,especially highlighting the institutional protection of immunity from judges' responsibilities and lifelong tenure of judges.Finally,the correct cognition of the judge's responsibility provides the train of thought for the perfection of its system.The perfect path of the judge's responsibility system should be advanced from many aspects,such as the constitutional basis of system rationalization,the choice of system theory,the repair of accountability system and the strengthening of duty performance guarantee.On the constitutional basis of rationalization,we should pay attention to the influence of ruling the country according to the constitution,the implementation of the constitution and the independence of trial on the accountability system of judges.In terms of the selection of system theory,the professional ethics model of judges should be clearly established as the attribution model of judges' responsibility system in China,and the principle of unity of power and responsibility,the principle of legal responsibility,the principle of due process and the principle of respecting judicial rules should be followed.At the same time,the judicial responsibility of judges should be strengthened through the scientific establishment of judge's performance appraisal mechanism and the effective cultivation of judge's professional ethics.In the repair of the accountability system,"improper conduct" should be taken as the criterion for the accountability of judges,and the legal status and functions of such subjects as the trial management office,the trial committee and the judge punishment committee should be clarified.It is necessary to add legal provisions on the requirement of judges' outside professional activities and make economic punishment clear as a formal way of judge responsibility.At the same time,we should also promote the legal establishment of the judge's accountability procedure according to the logical order of the pre-examination procedure,the examination decision-making procedure,the responsibility fulfillment procedure and the right relief procedure.In terms of strengthening the guarantee of performance of duties,we should pay attention to the construction of the guarantee system for the professional power of judges.The protection of professional power of judges should be realized by adjusting the relevant provisions of constitution,setting up the list of power and responsibility system and standardizing the supervision of judge's behavior,and the establishment of the system of immunity from judge's responsibility should be emphasized.