Analysis On The Rule Of Law Path Of Judicial Responsibility System

The reform of the judicial responsibility system is known as the "key" that must be firmly held to comprehensively deepen the reform of the judicial system in the advancing process of govern-by-law nation construction of contemporary China.Improving the judicial responsibility system is the key to establishing a judicial power operation mechanism with unified and distinct power and responsibility as well as restricted power,which has a fundamental and overall importance in perfecting the reform of the judicial system.Judicial responsibility on the other hand has been a topic with Chinese characteristics.Foreign researches on judicial responsibility are mainly aimed at the discussion of judicial punishment,but there are rare independent studies on judicial responsibility.China’s highest decision-making body and the highest judicial organs have clearly proposed to regulate and strictly enforce judicial responsibility,which provides a good opportunity for the researches on judicial responsibility.The practical significance of the researches on judicial responsibility system lies in responding to the hotspots of judicial reform and determining the standards for determining judicial responsibility;its theoretical significance lies in improving the theory of judicial responsibility and filling academic gaps.Judicial responsibility is the connection between justice and responsibility,in the judicial process,judicial subject should undertake to exercise its power according to law and to ensure that the power is executed within the boundaries of the law.In order to ensure the complete performance of the responsibility,it is necessary to place the responsibility into the judicial power exercising,and to limit the responsibility in the form of judicial scope.The judicial responsibility in this thesis is positioned as:the judicial organ and its staffs should perform their legal responsibilities in the process of performing their judicial duties power,to ensure that the power is within the bounds defined by the law,and it shall assume the form of legal responsibility for the adverse consequences when implementing judicial violations or failing to perform statutory judicial duties.The judicial responsibility system is the abbreviation of judicial responsibility system.In terms of narrow sense,judicial responsibility system is purely a responsibility system,which focuses on accountability,and is a kind of responsibility-tracing of the illegal acts of the responsible subject,which is the same as general responsibility system.In terms of its composition,it includes the subject of responsibility,the behavior of imputation,causality and the way of bearing the consequences of responsibility.In China’s present judicial responsibility system,the responsibility system is more related to the system of wrongful cases investigation.Theoretically,there are two mutually contradictory views on the system of wrongful cases investigation,that is,actively supporting the retention of the system of pursuing wrongful cases and completely abolishing of the system of pursuing wrongful cases.But there are also two kinds of relatively compromise point of views,in other words,appropriately reforming and improving the system of wrongful cases investigation,or transforming into other common responsibility system.In practice,the standards of wrongful cases are diversified,and there are no unified and transparent standards of "true error" and"correct judgment".Thus,there is a reforming trend to shift the investigation of wrongful cases to the investigation of illegal trials then to the judicial responsibility system in practice.This thesis also studies the judicial responsibility system along with this reform thought.The theoretical basis of judicial responsibility system can be carried out from the perspectives of people’s democratic rights,integration of power and responsibility,and judicial integrity,etc.But from the point of view of the subject of responsibility,the judicial responsibility system has both individual responsibility and collective responsibility.The individual responsibility is based on the collective responsibility,without the foundation of collective responsibility not only is there a lack of evidence for individual behavior,but also a lack of ground for judicial behavior and responsibility;collective responsibility is closely related to individual behavior,without specific individual behavior,collective responsibility will also lose its foundation.We must be aware that the judiciary is a highly professional national activity,thus the reform of the judicial responsibility system must ensure that the judicial professionalism would not be weakened,so that the judicial responsibility can be seen as a kind of judgment and supervision of the judicial professionalism.Generally speaking,judicial responsibility can be expanded from two directions:on one hand,it is the accountability for the results oriented to the past,on the other hand,it is the expected responsibility oriented to the behavior.In our point of view,professional judicial responsibility requires that in the determination of judicial responsibility,it should not be limited to the function of the result theory,but the result responsibility can only be regarded as the abnormal state form of judicial responsibility,and the behavior responsibility should be the normal state.In other words,the judicators should be more responsible for the expected behavior in the future.From the view of the Communist Party of China and the country’s overall design of judicial reform,the purpose of judicial responsibility is to promote the formation of a "Just,Efficient and Authoritative" judicial system through institutionalization.Thus,as judges,the judicial objects,exercising judicial and adjudicative powers,they must obtain corresponding system guarantees,among which,the independent trial and the independent exercise of the judicial power endowed by the law are indispensable conditions.Surely the independent judicial power must be subject to the corresponding restrictions,otherwise it will lead to abuse of power,so the restraint of power is also one of the premises of responsibility.The judicial person who acts as a judge must bear the judicial responsibility according to the corresponding judicial interpretation,without empowering judges the corresponding right to interpret the law,it is difficult to make the law respond effectively to the changing social life,and difficult for judges to make consistent and continuous judgments.However,the consistency of the judgement is essential to determine the standard of responsibility.Meanwhile,the realization of judicial responsibility depends on the scientific trial management mechanism in the judicial process,therefore the judges must be given the time and space to think independently and form the judgment,so as to ensure the rationality of the judgment.Otherwise,the pursuit of short-term settlement and public discussion and decision-making are seriously different from the nature of the judiciary.On judge selection mechanism,regarding forming the main members of the court judge,it is necessary to form a rational selection mechanism to ensure the high-quality of judges,and to promote the formation of the legal profession community,eventually to make the court and the judge become practitioners to safeguard the social equity and justice.In terms of judicial systems of various countries in the world,in the realization of judicial responsibility,the most serious way is the impeachment of judges.There is no complete form of judge impeachment in China,and in the power system and pattern of manifestation,there is a slightly corresponding system of removal of judges.However,there are existing various issues for the judges’ disciplinary committee as an independent responsibility agency.During the operation,there are defects that the top-level design was too "abstract" and leading to "randomization" of grass-roots exploration,insufficient"professional" of committee members is leading to the seats become "seatization",as well as insufficient "independence" is making mechanism become too "administrative",and insufficient supporting is "isolating" the system.From the investigation on responsibility matter by the investigation agency to the determination of the facts by the disciplinary committee,and to the decision of the punishment measures by the decision-making agency,there is a lack of a complete mechanism to ensure the whole process.Various mechanisms and systems are basically on their own and lacking integration of communication and integration system.Meanwhile considering self-realization of responsibility,in which,selfresponsibility is the basic form,and blame resignation can be used as an introduced expansion mechanism.We have to emphasize that in order to realize the independence of trial and thus promote judicial justice,it is necessary to exempt judges from any worries in handling cases.In this way,the construction of the system of the exemption of judges’responsibility is an indispensable key link.We should pay attention that in the actual judicial responsibility investigation,there is a tendency of unlimited concentration of responsibility,that is,all the responsibilities are concentrated on the case undertaker,which undoubtedly increases the pressure and psychological burden of the judge.To a certain extent,there is no absolute certainty whether the judgment result is "correct",which is actually the "residual risk" that must be assumed in the process of legal judgment.Therefore,it is necessary to take the way of dispersing multi-level risk responsibility into full consideration,and even refer to the liability insurance mechanism of risk dispersion,so that the whole society will take the risk of judicial responsibility that brought to the judicial system itself.