On The Judge System Of Judge In China

In recent years, a series of serious unjust and misjudged cases have appeared, in which the defendants were wrongly convicted or even executed, which extremely irritated the people, caused the public to question the judicial fairness and justice, and to some extent undermined the image and reputation of the judicial authorities of our nation. In order to eliminate judicial corruption, improve the quality of case handling, protect the judicial justice, the people’s courts have established a system of investigating and affixing the responsibilities of judges for misjudged cases during the implementation process of trial reform and by means of constant innovation and exploration. "Let the judge judge, and let the judge take the responsibility" is the principal purpose of our nation’s comprehensive promotion of judicial reform, as well as implementation of the reform of the operation mechanism of judicial power. According to the judicial practice and theoretical research, the system of investigating and affixing the responsibilities of judges for misjudged cases has guaranteed that the judges properly exercise their judicial power, and achieved judicial justice, which has certain positive meaning, however, in relation to which there are also some shortcomings and deficiencies in both the theoretical and practical levels, and therefore there is room for improvement and perfection. Based on this, the Supreme Court clearly put forward in its “fourth five‐year the Court Reform Program(2014‐2018)" formally released recently, that the judicial fault investigation system shall be perfected, and the standard of the judicial fault responsibilities shall be unified. This paper, by learning from the beneficial experience of developed countries outside our jurisdiction in aspect of prevention of cases involving unjust, false or wrong charges, and combining with China’s national conditions, conducts relatively in‐depth analysis of the current investigation system for misjudged cases, and puts forward some constructive advice regarding reform, hoping to bring some inspiration for perfection of our nation’s system of investigating and affixing the responsibilities of judges for misjudged cases.This paper, by combining with the current practice of judicial trial, discusses in five parts: the first part describes the basic concepts of misjudged case and Liability trial; the second part points out the outstanding problems in the investigation into misjudged cases in our nation’s current judicial practice; the third part analyzes the behavior and social impacts of judges in different judicial management system, and under different investigation system for misjudged cases; the fourth part introduces the beneficial experience and practice of developed countries outside our jurisdiction in this regard, as well as their inspiration to our nation; the fifth part proposes several suggestions on perfection of our nation’s system of investigating and affixing the responsibilities of judges for misjudged cases.