Research On The Trial Judge Accountability System

The judge is the essential factor of the judicial system, through the exercise ofjurisdiction to achieve and maintain the justice. In judicial practice, the right to anindependent trial judge’s lack of institutional support, also in twentieth Century ninetyin the implementation of misjudgments accountability have not fundamentallyprevent the occurrence of miscarriages of justice. Therefore, in order to change thewired situation that “the trial judge were not to sentenced, the person who sentencedwithout trial", to reduce the judge’s arbitrary during the process of trial, to improvethe efficiency of the trial, to enhance the credibility of the judiciary, the eighteenFourth Plenary Session adopted the Central Committee of Communist Party of Chinadeepening reform of the overall number of decisions on major issues" clearly pointedout that:"improve the presiding judge, the full court handling responsibility, whohandling the cases who is responsibility for it." Thus the trial judge accountability isexplicitly included in the new round of the reform of the judicial system. Theestablishment of the responsibility system is an important circle of the judicialcivilization construction which committed to improving the public credibility of thejudiciary, but as a new system, the process of its establishment must be rigorous andmeticulous. Although the judge’s responsibility system has been exploring theexperience of some theory research and practice, but there are still many problemsneed further studied.This paper mainly use the literature research method and comparative method tostudy the basic theory and system of judge responsibility. In this paper, firstly, thejudicial justice responsibilities consistent with an overview of the theoretical basis ofthe trial judge accountability, and define the concept and connotation of the presidingjudge, and analyze the value of the trial judge accountability. Secondly, the judge’sresponsibility system compare to the misjudgments accountability system, throughthe analysis of the judicial status of the misjudgments accountability systemimplementation deficiencies, demonstrates the progressive of trial judgeaccountability and its necessity of implementation. Again, based on the current situation analysis the feasibility of the implementation of the responsibility system inour country: in the year of2001, the revised "judge law" make strict rules onthe qualification of judge, Up to now, the quality of judges in China has improvedsignificantly; the several times reform of the judicial system also gradually improvedChina’s judicial environment; the implementation of judicial system for specifiednumber of personnel will ensure the trial judge’s quality...... All of these factors hascreated favorable conditions for the implementation of the trial judge accountability.But the team of judge’s fault development, the existing problems of judges judicialcommittee system, and the lack of supporting system, all have made a lot of troublesfor the presiding judge responsibility system. Finally, on the basis of the aboveargument barrier factors to design the trial judge accountability: elected the suitablejudge for the system, from the point of salary, identity, legal provision and so on, soas to provide professional support for the establishment of the trial judge, to establishthe trial judge evaluation system, to clear the scope of the trial judge accountabilityand program. In order to facilitate the implementation of the trial judge accountabilitysystem.