The Establishment Of The Theory Of Miss Judged Cases Responsibility Mechanism Of The Judge In Our Country

The rule of law is the eternal topic in the country under the rule of law. With the acceleration of China’s reform and opening up, rapid development of material civilization, political civilization should also form a complete set, the judicial system in practice of the judge wrong case responsibility problem was highlighted, and the judge in our country the lack of misjudged cases responsibility mechanism and perfect the system of the relationship to the national judicial system is sound; At the same time, the judge system is the last barrier to realize social justice. Judge whether the system to perfect the related to the realization of social justice, social justice and order is established, on the contrary, if the judge system is imperfect social equity and justice is hard to guarantee, will lead to many social injustice.Judges according to law shall have the right to independent trial is not affected by any authority intervention. But the so-called "trial independence" is not isolated "trial", more than "dictatorship" trial. Based on the principle of power restriction, the judge should have the appropriate monitoring mechanisms, so as to avoid the judge illegal dereliction of duty or improper words and actions affect the justice image and independently exercise their functions and powers. As a result, the judge misjudged cases shall be investigated for responsibility system is one of the supervision mechanism.In the ancient civilization of the legal system in our country has already been mature judicial officials misjudgments accountability system, the core of "Chinese legal system of Tang Dynasty" in specific provision of judicial officers of illegal acts shall bear the " Offense of imposing lighter or heavier sentences than necessary ". Therefore, as justice supervision misjudged cases accountability system becomes more important. Of misjudged cases investigated system in China is the result of specific historical conditions, along with the development of The Times, its unreasonable responsibility cognizance standard and system design a series of practical disadvantages highlighted increasingly, misjudged cases investigated system as the main content of the judge disciplinary system in China, the legal basis for the moment, only the regional and regulations inside the court. Although it is obvious that this system so far for a long time, range is very wide, but still did not form a unified specification. Led to the wrong case to the judge in our country the responsibility is always in a chaotic state, no principle to follow, the exact investigated also now too much now too little responsibility way, on the other hand, also aggravate the wrongs.In contrast, the western developed countries, the United States, Germany, Britain and Japan, according to the judge and dereliction of duty by judge impeachment and judge disciplinary treatment pattern, the two stage and is also more flexible, disciplinary measures. This model can better play a real sense of the judge disciplinary action. Due to the special nature of the legal environment and development, China’s current judge responsibility system is a mixed mode of binding with punishment, punishment system from the overall operation is more inclined to the west of judges. In contrast, exposed a lot of problems in our country in the system of investigating the responsibility of misjudged cases, misjudgments accountability system should be from the misjudged case acceptance, misjudged case review, audit, accountability to the four aspects in the process, make use of the characteristic of our country in the power structure, bringing supervision of people standing, restricting power with power at the same time, in ensuring the judge’s independent trial, the effective supervision of the legal application and judicial procedure, reduce the production of miscarriages of justice. In the future the misjudged case investigation system improvement should learn from the excellent experience in ancient China, absorb the rationality of western judicial impeachment two stage model, combining the national condition, create a set to conform to the environment of legal system of the liability of misjudged cases.