On Jurisprudential Foundation And Improvement Path Of The Judicial Responsibility System

The judicial responsibility system is the key of the judicial system reform.During the construction of judicial responsibility system,the reforming courts across the country encountered many difficulties,doubts and bottlenecks.At present,the reform of the judicial responsibility system has entered the deep-water zone.We should not only comprehensively summarize the achievements and problems in the reform,but also continue to promote the reform in depth from a new starting point.Without the scientific and theoretical system of judicial responsibility system in the process of promoting and deepening the judicial reform,the reform of judicial responsibility system has always been a matter of trial and error.The establishment of a scientific legal theory system of judicial responsibility is the theoretical basis for the construction of a reasonable,legitimate and self-consistent judicial responsibility system.It is the practical need of the practice of socialist rule of law and the judicial system and mechanism reform.It is the key and cornerstone to ensure that the judicial responsibility system meets the requirements of the rule of law socialist with Chinese Characteristics.The first part,under the premise of reviewing the existing academic literature,based on the practical problems and existing researches of the judicial responsibility system,puts forward that we should construct and perfect the judicial responsibility with Chinese Characteristics,which complies with the general operating rules of that must comply with the judicial power,and also comply with the political,structural,and institutional requirements of the Socialist System of Laws with Chinese Characteristics.The second part aims at constructing the theoretical foundation of the judicial responsibility system.Clarify the concept of judicial responsibility system,put forward that judicial responsibility has the rich connotation of power,duty and responsibility,and the judicial responsibility system is a system unified of power and responsibility.Determine the content and scope of this study.Study the historical evolution of the judicial responsibility system,including the responsibility of the judicial officials in ancient China,the responsibilities of judges in modern China,and the establishment and development of China’s judicial responsibility system before the reform and opening up.Judicial authorities and judicial personnel,the judicial power operation mechanism,and the judicial discipline system have been used to study the realistic reference to the historical judicial liability system.Study the prevention mechanism,operating mechanism and disciplinary mechanism,and the immunity system for judges of extraterritorial judicial responsibility.From the comparative study,we identify the similarities and differences,and learn from useful experience,based on the national situation,so as to give some enlightenment to the development and improvement of the judicial responsibility system with Chinese characteristics.From the perspective of the institutional investigation,it clarifies the body,the contents of the judicial responsibility system and its related systems,summarizing the power systems,the legal value systems.On the basis of affirming that the judicial reform aims at returning to the basic judicial power operation law of “let the adjudicator judge,let the judge be accountable”,points out that only taking the principle of jurisdiction-centered as the leading judicial concept and reform mode of the reform of the functional mechanism of judicial powers do not fully understand the core essentials of judicial power,puts forward that to reconsider the triple attributes of judicial power from the three levels of microcosmic,medium and macroscopic,and puts forward that the establishment of the judicial responsibility system should be guided by three principles,namely,the principle of jurisdictioncentered,the principle of supervision-equaled and the principle of judicial power constant.The third part is based on the central top-level design of the judicial responsibility system,the advancement of the Supreme People’s Court,and the reform practice of the reforming courts across the country.It summarizes the theoretical puzzles and practical puzzles in the reform of the judicial responsibility system,and points out the current reality problems of the construction of the judicial responsibility system lie in the facts that the legal level is too low,the dialogue mechanism between the different entities is missing,the judicial laws that “let the adjudicator judge,let the judge be accountable”are inconsistent with the structural antinomy of the bureaucratic administrative management model,inconsistency of power and responsibility in the current judicial responsibility system.The fourth part systematizes the judicial responsibility system from the four aspects,including the adjudicative power operation mechanism,the trial supervision and management system,the punishment system,the judge’s professional security system.In addition,from the perspective of the modernization of our judiciary governance system and capacity,puts forwards some suggestions to improve the comprehensive system supporting the judicial responsibility system,including the promotion,improvement and perfection of sci-technology empowerment of judicature,personnel dynamic adjustment mechanism,separation mechanism between complicated and simple cases,and diversified dispute resolution mechanism.The fifth part aims to find an approach to the reform of judicial responsibility system.It puts forward that the improvement of judicial responsibility system should adhere to the rule of law vision with Chinese Characteristics,follow the rule of law thinking and the rule of law mode,carry out judicial reform under the framework of constitution and law,carry out the comprehensive design of the judicial system reform on the basis of constitution and law,and pay attention to the observation,the summarization and the refinement of the judicial system and technical system that have been formed or is developing since the founding of the new China,especially since the reform and opening up,and pay special attention to the judicial reform practice or attempt of the reforming courts and other courts since the new round of the judicial system reform,so that the construction and perfection of the judicial responsibility system can be truly rooted in China in the new era,and in line with the people’s new expectations and new needs.It is suggested to improve the rank of the law,make a systematic construction of judicial responsibility system at the national legislative level.At the final part,put forward the legislative proposal draft of The Decision on the Implementation of the Judicial Responsibility System of the People’s Court.