The Analysis Of Judge Misjudgments Accountability System

Society with rule of law needs judicial independence,but judicial independence doesn't necessarily guide equity and justice.If the jurisdiction is not bound,it will be abused.So in order to prevent the corruption of jurisdiction, we need to supervise and restrict it.But we must soberly realize that unlimited supervision and restriction will damage to judicial independence.Judge misjudgments accountability system has been existed over twenty years.While this system has many positive effects,it still has many problems.The objective of this study is to analyze the problems of the system,and then to put forward practical suggestions for improvement.The first chapter is theoretical analysis of judge misjudgments accountability system. Before delving into the system,we first have to figure out four questions. The first question is what is wrong case.The second question is who is going to investigate the behavior of the judge.The third question is how to investigate the behavior of the judge.The fourth question is who will bear responsibility.The second chapter introduces the development and the characteristics of this system. Since this system exists,it has been criticized by many scholars.Butthere is no denying that the system is making progress.The third chapter describes the current situation of the system and analyzes its problems.The system has been existed more than twenty years.There are three main problems.Firstly,as the standard of wrong case,the result of judgment is not certain.Secondly,the related provisions have some problems.Thirdly,the responsibility program face many difficulties.The fourth chapter is a few reflections on the system.This chapter is also the research focus in this thesis.First of all,this chapter will introduce the foreign judge liability regime.And then in allusion to the three points raised in the previous chapter,the author will put forward three consideration.