Reserch On The Accountability Investigation Of Judges And Exemptions

Judicial justice is eternal topic, judicial justice and brightness or not relate to countries'rise and fall. China has always attached great importance to judicial supervision and constraints on judges, and establish a large strict content system about accountability of judges. However, what always makes a country into a hell is the thing that the people try to turn it into paradise. The serious departure of purpose of the established Judge accountability system and effectiveness not only fails to effectively curb corruption in the judiciary, but to some extent become another promoter of misjudged case. So it is imperative to improve the existing system of judge accountability investigation and establish the judges exemption system.The first part of the paper made a description about the basic facts of the case of Zhao Zuohai and assessed the judge's accountability for Zhao Zuohai case. As a misjudged case, it is no doubt that the involved personnel in Zhao Zuohai case should be held responsible, but the wrong case didn't necessarily result from judges. so they were not bound to take responsibility for the injustice, the judge should not be punished for the wrong decisions not made by themselves. This paper assessed the judge's accountability for Zhao Zuohai case from the grounds of responsibility investigation, investigation subject, investigation ways and investigation results and effects. Investing the responsibility of judges of Zhao Zuohai case not only did nothing to deal with the after job, but it will result in a spread warning, that was, our judges group will further lack of confidence in independent jurisdiction , a legitimate authority, and run blindly without considering it.The second part of the paper further explore the responsibility investigation of judges and the exemption system. The original purposes of establishing the accountability investigation system of judges is to supervise the administration of justice, prevent judicial corruption and had indeed achieved good results in the early years of its implementation. But as Fanglong said, we didn't always reap what we sowed. The system design flaws and improper implementing possibly caused judicial interference in another way, and worsened judicial corruption. But considering our current legal rules are not perfect, the judges quality need being further improved, just simply abolishing accountability investigation system is not conducive to the healthy development of the rule of law, The third part of the paper is to perfect the accountability investigation system of judges, and construct the responsibility exemption system of judges. the roots of the problem of chinese current accountability investigation system is the rights of accountability investigation lie in the judges'own hands. judges as both legislators and implementing force in the system will inevitably lead to arbitrary, the judges will keep them at the unpredictable risk , justice will inevitably end up in the interference. The temporary solution to end this chaos is to revert the making rights of system to the Supreme Court and put it on a higher level. A rich content, detailed program specifications, and highly operable judge exemption legislation issued by the NPC will give judges the basic independence and respect. By improving the accountability investigation system of judges and establishing a reasonable, appropriate and flexible exemption system, the judge will be granted the necessary security and impartial judicial supervision. it is no doubt that after developing an independent judiciary for years and ultimately the judges will become the backbone in building our feature rule of law .