Research On Judge's Liability Of The Illegal Procedure

The present paper starts with the phenomenon of judges' serious violation of legal procedure in China's judicial practice nowadays,puts emphasis on the definition and fundamental constitution of violation of legal procedure,analyzes and discusses in depth the reasons of judges' violation of legal procedure.Afterwards,the present paper further analyzes existing laws which regulates the judges' liability of illegal procedure in China,points out the deficiency of China's current laws and regulations concerning judges' liability of illegal procedure and puts forward the fundamental idea of establishing the system of judges' liability of illegal procedure on the basis of comparing and learning from relevant system in foreign countries concerning judges' liability of violation of legal procedure in order to change the traditional judicial idea that "substantive law is more important than procedural law" and make contribution to the establishment of China's judges' liability of illegal procedure.The present paper has five chapters.Chapter One analyzes the constitution of violation of legal procedure.Chapter Two is about the concrete forms and reasons of judges' violation of legal procedure.Chapter Three examines general theory and basis of the establishment of liability of violation of legal procedure.Chapter Four analyzes the ascertainment system of judges' liability of illegal procedure from the perspective of comparative law.Chapter Five puts forward the concrete assumption and establishment of judges' liability system of illegal procedure.In the first part,the present paper gives a detailed definition of violations of legal procedure and discusses the concrete constitution of illegal procedure,especially the subject of illegal procedure.The present paper further points out that it is meaningless to ascertain parties' liability of violation of legal procedure.Therefore,judges in the courts are defined as the subject of liability of violation of legal procedure.Finally,specific reasons why judges violate legal procedure are comprehensively analyzed and concluded.In the second part,the present paper makes a detailed list of relatively serious violations of legal procedure by judges in judicial practice and exemplifies the list by a number of facts collected by the author of the present paper during the survey in the courts.Meanwhile,the author also analyzes harms of such violations to China's judicial trial and points out the reasons why judges violates legal procedure.In the third part,the present paper analyzes and discusses the general theory of liability of violation of legal procedure and analyzes the basis of establishing judges' liability of illegal procedure in China from the point of view of jurisprudence,laws and reality.The author further points out the necessity of establishing judges' liability system of illegal procedure in China.In the fourth part,the author of the present paper begins with analysis of the current conditions of legislation on judges' liability of illegal procedure in China and points out the problems existing in the current liability system of illegal procedure.Afterwards,the author conducts a detailed investigation and comparison on the regulations in foreign countries related to judges' liability system of illegal procedure and focuses on the introduction of judges' liability system in such four countries as the Great Britain,the United States,Germany and France in order to provide some experience for the concrete establishment of judges' liability system of illegal procedure in China in the following paraPhrases.The fifth part of the present paper mainly puts forward a brave assumption of establishing judges' liability system of violation of legal procedure in China.Firstly,the framework of judges' liability system of illegal procedure in China is analyzed and what kind of judges' liability system of illegal procedure should be adopted in China is pointed out. Secondly,the author discusses in detail the establishment of institution investigating judges' liability.Finally,the author makes an assumption and analyzes the procedure of investigation judges' liability of illegal procedure and puts forward a judges' liability system of violation of legal procedure by court trail.As far as the study approach is concerned,the present paper adopts the method of comparative study.Through introducing and analyzing the relevant systems concerning judges' liability of violation of legal procedure in Great Britain,the United States,Germany and Japan,experience and advantages are concluded in order to contribute to the establishment of China's judges' liability system of illegal procedure.The author also,on the basis of studies of judges' liability system of illegal procedure in foreign countries,hopes to make a breakthrough and bring forth new ideas to the existing system with China's specific conditions and legal environment taken into consideration and puts forward his own ideas and suggestions for the system.