Research On The Realization Path Of The Trial Judge Accountability System

The reform of the judicial system is one of the important content of China's political reform, in reform of the judicial system, judges management made judgments and improve is the key to the success of the judicial reform. As the judicial system as an important position in the judicial trial, the judge plays a vital role. However, in current China's judicial trial, the case has the final trial and the right to decide not only the case the trial judge, judgment and judicial system in long and some leaders, which led directly to the judge to judge in his own case only to bear their own responsibility, but also for the responsibilities of participating in the trial of other personnel should be responsible for. This makes the judge independence cannot be guaranteed in the case in the trial. Not only so, for misjudgments accountability system has not been sufficient to implement, which makes the misjudged cases generated from the failure of the source of the basic end.Therefore, it is imperative to reform China's current judicial system. In the eighth session of the Third Plenary Session of the "decision", there are clear references to the judicial system in the case of the persons who are directly responsible for the implementation, to hear the case when the implementation of the collegiate tribunal responsibility system and in the decision also explicitly proposed perfecting the judge's responsibility, the case of the direct responsible person is the case handling personnel. This can not only reduce misjudged cases handled produced, but also can improve the case management efficiency, improve the status of justice in the eyes of the public, thus presiding judge responsibility is explicitly incorporated in a new round of the reform of the judicial system. Presiding the establishment of liability system of judge is committed to enhance the judicial civilization construction of the public credibility of the judiciary in the essential link, but as a new system, establish the process must be rigorous, meticulous. Although China's current responsibility in dealing with the judge has already started and got some of the reform proposals, but for China's judge's responsibility system reform and many need to be studied and perfected. The judge responsibility responsibility system reform on the relevantliterature and research were analyzed and summarized, and the research and literature were a full range of, using the methods of literature research and comparison with the combination of the trial judge responsibility system reform were analyzed in theory and practice. In the paper, first of all, responsibility system in power consistent with responsibility and judgment of the fairness theory are introduced, from the aspects of the definition of the trial judge are described and the actual effect of this research are described. Secondly, current misjudged chase accountability and presiding judge responsibility system are compared, pointed out that the current cases after accountability in the implementation of the involved not to place, show that the presiding judge's responsibility system has the advantages of,and implementation benefits. Again, based on the status quo of China's judicial Analysis of the presiding judge responsibility system for the implementation of the feasibility; China's "law on judges to judge the qualifications are clearly defined, so that the overall quality of the judges in our country at present is guaranteed; and after the times for in the reform of the judicial system is perfect for the judicial system of our country. It is before these for upward of the reform of the judicial system, which makes it is now possible to the trial judge's responsibility system is proposed and the actual operation. At present, however, China's judicial system or many drawbacks is not conducive to the reform of, for example, justices on the age is bigger, and a younger group of judges haven't actual judicial independence, but old a group has been faced with retirement age; as well as the improvement of the related system reform, the judicial system of our country overall development is relatively late,many aspects is not perfect. Finally, in the reform of the reform in many inevitable factors: the presiding judge were review and selection system, to the presiding judge of the treatment, compensation, specific executive level setting, specifically the trial judge working procedures, establish the examination and inspection and supervision departments, trial procedure and system improvement, in order to facilitate the implementation of the liability system of judge presiding.