Research On Liability System Of Judge

Research on liability system of judge is important part of lawusit system, and is an important guarantee of entire judicial system normal working. Existence or non-existence and consummation or not of liability system of judge influence legal authority, judicial fair and the construction of socialism harmonious society directly. Regardless of ancient times or modern age,China or foreign countries, all extremely value the construction of liability system of judge.Full text of this article is made of more than 30,000 characters altogether, and is divided into five major parts. The first part is judge the basic principle of responsibility system of judge. The second part is Chinese liability system of judge of ancient times. The third part is overseas liability system of judge. The fourth part is the present situation and the existent questions of our country's liability system of judge. The fifth part is the consummation and restructuring of our country's liability system of judge. There is the foreword in the front of the paper, there is the concluding remark in the ending of the article.The first part mainly elaborates on the basic principle of liability system of judge,including four aspects of explanation, type, theory basis,practical significance and so on. Liability of judge refers some kind of disadvantageous legal consequence of judge exercising the national judicial authority, as a result of the illegal activity or the legal rule. But, liability system of judge refers the social norm system that is recognized to all the people, adjusts liability of judge,is compulsory and stable relatively, liability system of judge has different types on different basises. Theory basis of liability system of judge mainly includes the authority disassimilation theory, the society controling theory , the uniformity of power and responsibility. Its practical significance is that it is advantageous to prevent judicature corruption, realize judicature fair; to standard liability of judge investigation work,protect the general judge's legitimate rights and interests; to protect litigant's legitimate rights and interests and so on.The second part introduced the basic condition of Chinese liability of judge in ancient times mainly evolving The history evolving, the system content, the main body and the procedure of responsibility investigation, the characteristics. And analyzed reality model significance to consummating liability system of judge,realizing judicature fairness, Constructing the harmonious society. Our ancient liability system of judge is broad and profound, the evolution was clear, and is divided into five times of Xia Shangzhou to germinate, the Qin and Han Dynasty establishes, Wei Jin develops, the Tang Song Stereotypia ,the Ming and Qing Dynasties complete. Its system content mainly has 16 aspects of Judicial jurisdiction,acception of lawsuits, lawsuit evasion, arresting the criminal, the scene survey, the illegal inquisition by torture, enduring the even person, investigating the crime outside of the petition, decisiding crime based on law,incorrection in determining guilt, decision mistake in civil action, execution of decision violating the law, vertical imprisons and losing imprisons,the trial violating the time limit, progressive trialrinses, studing law and so on. In the different time, its main body of responsibility investigation is different, in the central cases and the place cases, its main body of responsibility investigation also is different. Our liability investigating system of judge in ancient times was mainly divided into three steps of putting on record, deliberating and punishment in the procedure. Its main characteristic is that the correlation legal regime is strict, complete, full and accurate, becomes the system itself,and key isprominent; The responsibility formulation and investigation concurrently accepts the Confucian and law, develops morals and law simultaneously, employs two methods to achieve one goal;rational and non-rational coexisting;serious deviation between actual effect and legal regime. Its model significance is that we should study the legislation technology of liability system of judge in ancient times, and realize rule institution and unitizing of our liability of judge; In view of the serious deviation problem between the practice and system in ancient times, we should strengthen the work of carrying out our liability system of judge.In the third part, the author selected several representative country typically,for example, Japan, France and US. Japanese representes the Eastern mainland legal system countries, French representes the Western mainland legal system countries, US representes the Western ordinary legal system countries, and introduced its general picture of liability system of judge, provided the model, the study model for consummation and restructuring our liability system of judge. The fourth part mainly elaborated on present situation and the existent problems of liability system of judge ,from four aspects of the origin, the primary coverage, the positive sense, the fatal flaw, bad affects seriously in the judicial practice, strengthened the pointing and the sense of urgency, the sense of responsibility, the sense of mission in our liability system construction of judge. Our country's liability system of judge has the misjudged case responsibility investigation system and the system of removing,resigning from office as the primary coverage. This part also carried on the elaboration from two aspects of the misjudged case responsibility investigation system and the system of removing,resigning from office.The the fifth part proposed the concrete plan of consummating and restructuring our liability system of judge from the breakthrough point of formulating the two laws of "Judge Impeachment Law" and "Judge Disciplinary Punishment Law".