The Research On Judicial Responsibility System

The judge is in the core of a country’s judicial activities,the judge how to exercise the judicial power determines whether the justice can be achieved.Therefore,how to construct a reasonable accountability mechanism to regulate the judicial power of judges is an important issue in the construction of the rule of law in every country.From late 90s,China began to establish a bottom-up misjudgments accountability in order to deal with the problem of the misjudged case.However,due to the defects in the system design,accountability is not satisfactory.In a new round of judicial reform,the CPC Central Committee and the Supreme People’s court have put forward to further improve the reform direction of our country the judicial responsibility system,pointed out the need to establish a trial centered judicial power operating mechanism and realize the supervision of the judge’s judicial power and accountability on this basis.In view of these,this article is divided into four parts to discuss the judicial responsibility system of judges from the following two aspects:the lack of the existing judicial responsibility system and how to further improve the judicial responsibility system of our country:In the first part,the author summarizes some basic theoretical issues of judicial responsibility.For example,what is the definition of the judicial responsibility of the judge,what are the characteristics of the judicial responsibility,what is the difference between the judicial responsibility and other responsibilities,and why is it necessary to construct the judicial responsibility system.The clarification of these basic questions will help us to provide theoretical support for the specific system construction.In the second part,the author mainly studies the issues of judge’s accountability.Firstly,the current system,according to the judge as the subject of accountability of judicial power which,which is what the problems;then the foreign judge the subject of accountability are introduced and summarized,in order for us to study and design the judicial subject of accountability for reference;finally put forward in the new reform background,should be made what improvements in judicial accountability reasons.The third part mainly discusses the establishment of the subject of judicial accountability.First makes a summary to the current judge accountability subject structure and operation,analyzes the problems of some developed countries;then asked the principal for comparison and analysis,summarized from some common for reference;and finally puts forward some standards of accountability subject,and how to construct the judicial accountability enough to suggest.The fourth part focuses on the procedure of judicial accountability.Firstly,the existing system is the accountability process of carding,analysis of defects in the actual operation;and in some western developed countries the judge disciplinary procedures were analyzed and summarized,summarized their basic characteristics of the construction of the program for reference;finally put forward the conception of design for specific procedures.