On The Deficiency And Perfection Of The Judge Liability System In Our Country

To make judge’s power run good, there are two systems needed: one is the system of power supervision and restriction and the other is the system of power protection mechanism. All powers often tend to be abused, thus they require supervision, constraint and corresponding legal liability for control, which is so-called “where is power, there is liability”. Judge liability system is the primary means to restrict judge’s power, whether this means realizes the effective constraints on using judge’s power is a decisive condition that judge’s power can be fairly used and the judicial justice can be smoothly realized finally or not. Judge liability system is a system that is directly related to the vital interests of judges, it can be said that judge liability system’s quality will directly determine the judges’ quality of work.For those reasons above, this essay is based on two concepts of power restriction and profession guaranty to study the judge liability system in our country. It can be divided into the following four parts:The first part mainly introduces some basic theoretical problems of the judge’s liability system. For example, what is the nature of the judge’s liability, how distinguish the relationship between judge liability and legal liability, and the relationship between judge liability and judge power. Through these discussions, it will be help to understand the value of judge’s liability better, furthermore, it provides directional guidance for the construction of judge liability system in our country.The second part mainly introduces extraterritorial judicial liability systems in some advanced countries. Though selecting some countries with higher level of rule of law from common law and continental law system countries, such as the United States and Germany, the essay studies these countries’ judge disciplinary system design, by comparison, to summarize features and rationality and conclude useful and advanced experience for construction and perfection of our country’s judge liability system.The third part focuses on the present situation of judge liability system in our country in order to find problems and analysis the reasons. Currently, judge liability system in China mainly consist of three liability systems: judge case-misjudged liability system, judge ethics liability system and judge performance evaluation liability system. In the midst of these different types of liability system, there are some problems such as unreasonable content and unscientific accountability ways, which also involves the legal norm-setting, implementation and many other aspects of the legal system. Through discussing and summarizing the main problems and the reasons of judge liability system in China, the assay tries to provide some solutions in the following part.The fourth part tries to put forward some solutions by analyzing the current problems of judge liability system in our country, in order to provide help for construction and perfection for judge liability system in China. Currently existing judge liability system should be perfected from following three aspects: firstly, change guiding theory of construction of judge liability system and attach importance to factors of judge power’ profession guaranty; Secondly, establish reasonable judge liability forms and improve the judge case-misjudged liability system, that is, mistakes must be corrected not means that liability should be taken. At the meantime, it should pay attention to the establishment and perfection of the system of judge ethics liability and judge performance evaluation responsibilities. Thirdly, define the scientific ways of judge liability’s accountability. This article advocates to establish judge disciplinary system, unify the institution of investigating judge liability and the disciplinary procedures, and abolish the system of supervision and accountability inside the court system.