Research On The System Of Judge's Accountability

The judge's accountability system is an important content in a new round of judicial reform,improving the judge's accountability system is a matter of scientific operation of judicial power and related to the justice and efficiency of the judicial activities,which is the key to deepen the reform of the judicial system in an all-round way.According to the requirements and deployments of the supreme people's court,people's court at all levels deepen the reform continually and acquire a series of achievements: First, people's court at all levels have made specifications of the judge's responsibility which suit the region according to the practical situation.Second,people's court at all levels promote the judge's responsibility system actively, solve all kinds of problems in the practice and make the judge's responsibility system more perfectly.Also there are some difficulties in the judge's accountability system such as the grounds and procedures.We should solve the above problems in order to improve the judge's accountability system impact.In addition to the introduction and conclusion,this paper is divided into six parts including about 33,000 words.The first part is the background and foreground of the judge's accountability system in China.Firstly,the background of the judge's accountability system in China. Through expounding the background of the judge's accountability,we can better grasp the ins and outs of the judge's accountability system.Secondly,the specification of judge's accountability system.China has promulgated many laws and regulations about the judge's accountability system.We can better regulate the judge's responsibility system in the judicial practice by sorting out the legislation.Thirdly,the practice of investigation of judge's responsibility system in China.We can investigate and analysis the judge's accountability of wrong cases in recent years.Finally, analysis the reason for difficulties in the judge's accountability in practice.Through analyzing the plight of the judge's accountability in practice,we can find problems existing in the judicial practice and put forward the corresponding countermeasures.The second part is the judge's accountability system in foreign country.First of all, the judge's accountability system of the common law countries.Britain, the United States and other common law countries have high level of rule of law,so their beneficial practices are worthy of our reference.Secondly, the judge's accountability system of the civil law countries.Although China does not belong to the civil law countries, our legal traditions is similar with the civil law countries, the practice of the civil law countries has more reference for our country. Finally,the characteristics of extraterritorial judge's accountability system.Summary the characteristics of extraterritorial judge's accountability system is conducive to absorb its beneficial practices and avoid drawing the wrong problem.The third part is the reason of accountability of judge.On the one hand, the "results" responsibility:criminal wrong case responsibility system.We analyze the criminal wrong case responsibility system in order to break the misreading of it.On the other hand, the behavior responsibility:illegal or(serious) misconduct.Through the analysis of the shortcomings of existing laws,we can establish the behavior responsibility as the core of the judge's accountability system.The fourth part is the exception of accountability of the judge.Firstly,the reason for the judge to have immunity.Judge has immunity in order to ensure that they can perform their duties according to law and achieve social fairness and justice.Secondly,circumstances of the judge's responsibility exemption.Whether the judge's responsibility can be exempted is depending on whether or not there has serious consequence caused by intentional or gross negligence.By regulating the exemption of judge's responsibility,the judge can make the removal of any menace from the rear.Finally, the state's responsibility after the judge's responsibility is exempted.The judge's trial act represents the state,if the judge's behavior violates the rights and interests of citizens,the country should bear compensation liability for the citizens.The fifth part is the mechanism of accountability of the judge.Firstly,institution of accountability of the judge.The establishment of a neutral institution of accountability of judge is the prerequisite to investigate the judge's responsibility more fairly.Secondly, procedure of accountability of judge.The strict procedure is a prerequisite for justice,so the procedure of judge's accountability system must be strict and reasonable.Thirdly,disciplinary measures of the accountable judge.Judge's disciplinary measures can be classified, including warning,economic punishment and qualification punishment.Finally,the rights of the accountable judge.The accountable judge should enjoy the right in order to meet the requirement of procedural justice.Therefore the accountable judge should enjoy the right to know,the right to defend themselves, the right to adduce evidence and the right to relief.The sixth part is the supporting measures of the judge's accountability system.Firstly,responsibility in accord with authority of the judge.Judge enjoy the right and should bear the corresponding responsibility.We must ensure that the judge can perform judicial duties independently.Secondly,system of specified-number-of-judge.System of specified-number-of-judge can ensure high-quality team of the judge and define judge's responsibility so that the judge can dedicate to the trial work.Finally,the judge's professional guarantee system.The judge's professional guarantee system is a measure to avoid the worries.The country must provide job guarantee and salary guarantee for the judge,only in this way can the judge make sacrifice for realizing judicial justice.