Study On The Presiding Judge Accountability System

For a period of time, in accordance with the current institutions, adjudications made by the judge have to be approved by hierarchical leaders, which results in confusing faults, decentralizing responsibilities and having bad effect on the quality and efficiency of the adjudications. Practically speaking, a few judges with low legal qualities and bad professional conducts make people hardly feel substantial fair and justice through standard trail and referee instruments with thorough interpretation and reasoning about laws and facts. Under such social background, a new round of judicial reform with the purpose of letting people feel fair and justice in every judicial case is imperative.The judge is the subject to exercise judicial power. Without further improving the presiding judge accountability system which combines power, accountability and benefit, the whole judicial system can not further promote orderly. The reform of presiding judge accountability system becomes the inseparable part of the reform of the judicial system. Nevertheless, at present the reform and practice of the presiding judge accountability system is still in the exploratory stage, experience which can be promoted and copied is so less, such experience not only can not meet the requirement for judges to be specialized and professional, but also can not achieve the goal that the system makes sure judges can exercise judicial power independently and impartially. It is benefit for improving the reform of presiding judge accountability system through analyzing the practice of reform, concluding the experience and learning from the systems arrangements of the modernized countries rule of law,which is the significance of this thesis.What the logical line of this thesis is elaborating the basic theory, analyzing the present situation and offering concrete suggestions. Chapter one discusses the subject of the presiding judge accountability system, defines the concept of the presiding judge and the presiding judge accountability system. Then chapter two focuses on the practical situation covering the judges' access mechanism, the operating mechanism of judicial power and the judges' professional security mechanism of the main pilot area for the reform of the presiding judge accountability system, from which concludes four progressiveness and six limitations of the judicial reform in this study program. Basing on the perspective that the accountability system of the presiding judge refers to a set of mechanisms, chapter three points out concrete advices for improving the presiding judge accountability system, including the mechanisms of selecting judges, operating judicial powers, judges' professional security, judges' performance evaluations, investigation to accountability of misjudged cases and liability exemption. This thesis supposes that only through top level design for the series of the mechanism, can the presiding judge accountability system of be implemented.