The Reflection On "The Lifetime Misjudgments Accountability System"

In order to reform the justice style and to prevent the judicial unfairness, theChinese court system carried out the “Misjudgments accountability system”, however itbecome a counter-productive,the judicial corruption cases has increased at the presenttime. Making the substantive error as the standard of the Accountability system springsfrom the pursuit of substantive justice which is the traditional legal culture of our county.It will lead to the administration-rization of judiciary, give damage to the idea ofjudicial independence, and wreak the burgeoning judicial authority of China.The content of This paper is talking about the formulation and implementation ofthe “Measures for the Misjudged law case lifetime-accountability” from someprovinces, analyzing the cultural tradition、the ideological root and the system reasonof the Misjudgments accountability system. Elaborating the contradictions and legalparadoxes of the Misjudgments accountability system. After that, responding to thesituation that the public credibility of the judiciary is being damaged by Someincompetent judge, I supposed we should give up the current “Misjudgmentsaccountability system”, I put forward two advices of design:1、The principal thing ofthe judicial system reform is to establish the judicial authority in ourcountry.2、 Establishing the correct concept of Justice in the people, constructing thecorrect judge selection system to ensure the independence of the judiciary.