A Study On Judge 's System Of Judicial Duty Waiver

In recent years, the number of wrongful convictions has been increasing, which has caused the doubt of judicial fairness and justice among people, and to some extent, the authority and credibility of the law in our country has been questioned. In order to improve the quality of handling cases, safeguard the judicial justice, the people’s court has established the judge misjudged accountability system in the process of reform of trial mode. The judge misjudged accountability system has great influence on ensuring judged correctly exercising judicial power to realize judicial justice. The shortcomings, however, are obvious. First of all, once the wrongful convictions in lawsuit occur, the judges should be responsible for it all in any conditions, which ignore the protection of the right of the judge. Secondly, the judges are at unpredictable risks during the trial, which causes that the judges try every means to render the case to Judicial Committee in order to avoid taking responsibility, therefore, it increases the pressure and burden on Judicial Committee. On top of that, it results in the judge’s avoidance of trying cases independently, which causes that the judges’professional ability and quality will go down, cases cannot be tried properly, and form a vicious circle. So lack of exemption of judges’ responsibility has a bad influence on judicial justice and fairness. Therefore, in order to ensure the independence of judges and safeguard the judicial justice, the establishment and perfection of judge trial responsibility exemption system is necessary in addition to the establishment of the system of accountability of judges.The construction of judge trial responsibility exemption system of our country is in the bud stage, which is stipulated only in judge law abstractly, existing deficiency and shortcomings in theoretical and practical level, therefore, it needs to be further improved. Based on this, by drawing on the beneficial experience of establishment of judge trial responsibility exemption system in developed countries and combining our national conditions, the writer analyzes the current judge trial responsibility exemption system of our nation deeply, and puts forward some constructive opinion about the change, hoping to contribute to the perfection of judge trial responsibility exemption system of our nation.Combining the current judicial practice, this dissertation is composed of four parts.The first part is sketching out judge trial responsibility exemption system, including its conception, properties, and requirements. The legal basis of this system including the unity of control and protect rights, and bounded rationality theory are also interpreted. From the two aspects, the theoretical basis of this system is explained. On top of that, the institutional guarantee of this system is interpreted from the perspective of integrating the system of accountability of judges and judge trial responsibility exemption system.The second part is mainly analyzing the circumstance of the judge trial responsibility exemption system abroad, studying this system in different counties in comparative study to find similarities and differences among them, find the rule, absorb the essence, and finally serve as a reference for our country.The third part is to elaborate the circumstance of this system of our nation including its current situation and deficiency in order to analyze the reasons and provide basis for proposing opinions about change.The last part is to conceive the perfection of this system from the perspective of the perfection of its subjects,situations, and limitations.