A Study On The Judge 's Responsibility

As the errors of judgements in the field of justice are reported frequently,there is an increasing requirement of holding the responsibility of the judges according to law. For instance, “Hearing is the referee, judge is responsible for referee”, advocated in the Fourth Plenary Session of the eighteenth CPC Central Committee,may result in the accomplishment of the clear cut, rational, and scientific accountability gradually, leading to the insurance of the legitimate rights and interests, the improvement of Judicial Public Faith, and the prevention of the judicial corruption. However, there is still a considerable controversy concerning the definition of the liability of the judges both in the theoretical and practical area. Therefore, this thesis will address this issue and put forward some viable advise about judges’ s job responsibility.Chapter one illustrates the background of a case of affix responsibilities of the judge,and its major controversy. This will demonstrated by focusing on the specific concept for affixing responsibilities, corresponding affix responsibilities, management of affixing responsibilities, and the system of judge exemption of responsibility track.In Chapter two,the relevant legal issues are analyzed by the following four parts. The initial part provides an overview of the specific concept for affixing responsibilities. In particular, there is no clear definition of responsibly due to the lack of supporting of specific regulations, even in The Judge Legal. The second part demonstrates the current controversy about affixing responsibility for the judge, which is mainly discussed via the requests of the professional ethics, the procedural and substantive importance,and the uniform principle of authority and responsibility. The third part introduces the procedure of affixing responsibilities. Ultimately, the system of judge exemption of responsibility track is analyzed. Although it has caused great controversy in theoretical that whether such exemption of responsibility exists or not, the concept and features for judge exemption of responsibility are analyzed.Chapter three mainly involves the analysis and suggestions concerning issues due to the affixing responsibilities for judges. The issues in affix responsibilities of judges, such as its subject, procedure, modes, and the exempt, are analyzed, followed by some further suggestions to modify the rule of affix responsibilities of the judge.