The Theory Of The Judge Wrong Case Responsible System In China

Judicial justice is always one of the goals of our company. Eighteen big report points out:the rule of law is the basic way of governing. In the context of the rule of law, in the field of the whole society to judicial fairness and justice have more looking forward to it. Such as vocative, read bin such wrongs more cause the attention of the society, focusing on the victim’s at the same time, we will also be their sights on the responsibility of related personnel. Especially in the fourth plenary session of the 18 further questions wrong case responsibility of judicial personnel, healthy and effective preventive mechanism of wrongs, long-stalled judge wrong case responsibility system of dispute once again become a hot academic discussion. The author to find a large number of data based on the wrong case to the judge responsibility system systematically expounded, comb, in order to clarify the relevant concepts, find the shortage, and the improvement of the specific advice is given.The judicial practice is not strange, but the law does not have a unified concept of misjudged cases. According to the regulation of some local courts and scholars study, misjudged cases probably can be divided into two categories:category is based on objective results, namely, ascertaining the facts or the wrong case applicable law; Another kind is based on subjective fault, that is, the judicial officers intentionally or negligently caused by the wrong case. And the judge wrong responsible person is in the wrong case after illegal dereliction of duty of the judges involved in the liability shall be pursued in accordance with the law.In this paper, the second part focuses on the foreign judge wrong case responsibility system is introduced, mainly introduced the United States, Germany and Japan’s system of judge impeachment and punishment. By comparison, can improve our understanding of the judge wrong case responsibility system, to find their own shortcomings, and can draw on advantages and experience of foreign regulation.Although, some problems in the process of apply, but is not to deny the judge wrong case responsibility system. In this paper, the third part will make analysis on the necessity and feasibility of the system, from the theoretical basis and practical significance on prove the existence of the judge wrong responsible person is very necessary, lay a theoretical foundation for perfecting the system. Although the judge wrong case responsibility person such as generated in the process of implementation of the judicial corruption, affect the independence of the judicature and other negative effect, reflects the deficiency existing in the system. But all these problems can not be simply attributed to judge wrong responsible person, and the top design is not perfect enough, power supervision does not reach the designated position, the judge quality higher comprehensive influence factors. Misjudged cases occur frequently not only damage the interests of the masses, harm the judicial credibility, more shows the urgency of the wrong case prevention. So, the judge misjudged cases have the necessary responsibility person, also has the value of existence.To judge the legitimacy of misjudged cases responsibility person exist after argument, the last part of the implementation to solve the problem, namely the wrong case to the judge responsibility person given the improvement of the targeted Suggestions. In the fourth part to solve specific problems, we first arrival to judge wrong responsible person in the problems that exist in the implementation, and then judge from the wrong case responsibility person accountability for the main body, accountability procedures, accountability mechanism, the judge accomplishment and professional guarantee five aspects of perfect proposal.