On The Perfection Of Judge 's Responsibility System In China

The ultimate goal of building the law-ruled society is to achieve justice, which is also publics’ rational demands on the rule of law. Judges play a "media" role in the process of achieving the goal of justice, who make their legal thinking, knowledge, experience to interpret law and then resolve the disputes and conflicts in society. In the process of building society ruled by law, good laws are needed, but also the need to judges using good laws. Otherwise, the rule of law can only become empty. It’s desperately necessary to be strict on norms of behavior for their living so important position and undertaking such an arduous task. As Li Weidong said, Judges hold judicial authority granted by our nation and they should possess high accomplishment of determining facts and applying law, as well as public trust; Only in this way can the judgment by judges with such noble characters win the public’s acceptance. However, phenomena are regularly exposed in the network or by media in recent years, which is engaging in malpractices and perverting with the law, corruption, power rent and indecent life of the judges. Handling cases involving relationships or money by the court.As a result, the standardization of the judges act is a general trend and the public expectations,needs on prevent the abuse of power. In order to make better play to their functions, appropriate accountability mechanisms for the violation of norms is in need. The relevant laws, rules, methods, regulations for the accountability of judges emerge in an endless stream in our country at present. In contrast to the United States, Germany, France and Japan, it is obviously unreasonable and imperfect in Institutional settings, the subject matter of accountability, accountability procedures and measures of accountability and so on. Through analyzing and studying of the Judge disciplinary system of those four countries mentioned above, I learn from foreign experience or practice which is relatively mature and propose to perfect our accountability system with its own conditions of our country based on the point of "the fourth of five reform outline " in our country. The purpose is to set up a special agency for accountability, establish the sole subject of accountability as "illegal act", establish judicial-style accountability procedures, and adopt methods which can highlight occupational characteristics of judges for the sake of perfecting the imperfect Judge disciplinary system. After that, our accountability system is supposed to be more operational, more fairly, more efficient. Meanwhile, it should protect the legitimate interests of the judges within the maximum against being held accountable by wanton and prevent the judges from becoming the tool of someone or some interest group.This paper will be discussed by the following four parts:The first part is the introduction about the meaning and value of judge accountability for the reason that making concepts clear and lay the foundation for the discussion below.The second part, I summarize the status of our accountability system and then find its problems and deficiencies by analyzing institutional settings, the subject matter of accountability, accountability procedures and measures of accountability.The third part, by summarizing the Judge disciplinary system of the United States, Japan, Germany and France, as well as illustrating the foregoing four aspect of foreign countries, I sum up that these four countries has typical characteristics in these four mentioned areas and provide new ideas to improve our system both in theory and at practice.The fourth part,combining theory and practice of these four countries, I propose ideas to improve the relevance based on our country’s imperfect system of accountability in terms of the judges in the last part relying on the point of "the fourth of five reform outline " in our country.