The Logical Theory And Path Selection Of The Judge Accountability System Under The Background Of Judicial Reform In China

Judicial reform plays an important role in comprehensively deepening reform and comprehensively administering the country according to law,and is an important part of building a socialist legal system with Chinese characteristics.The Third Plenary Session of the Eighth Central Committee of the Communist Party of China(CPC)Central Committee has attached great importance to the reform of the system of judges' responsibility.It is clearly that it is necessary to "perfect the trial judge,the collegial panel handling system and who is responsible for the implementation of the case." At present,China's judicial practice of the "trial is not sentenced,judge not trial" phenomenon is very serious,in order to change this situation,not only from the ideological level of attention to the reform of the system of judges,but also in the specific practice of resolutely implement the perfect judge The system of accountability.Only the theory of unified practice,in order to fundamentally do the right to judge,to ensure that the judge's independent trial.Therefore,the study of the system of judicial responsibility in the context of judicial reform is conducive to speeding up the pace of judicial reform,but also can improve the quality and efficiency of justice.Although our country has some theoretical research and practical experience on the system of judges' responsibility,how to further improve the system of judicial responsibility in the background of judicial reform needs further exploration.Based on the practice of judicial responsibility in the background of the main judicial reform.First of all,through the analysis of the environment generated by the system of judges led to the background of the proposed system,at the same time summed up the domestic and foreign scholars on the judge's responsibility system research results,understand the existing theoretical results and practical experience.Secondly,knowing other systems is very important for our understanding,especially the accountability system.At the same time,through the analysis of the actual operation mechanism,the author draws the shortcomings of the judge's responsibility at the present stage.In addition,it analyzes the judicial responsibility system in the civil law system and the Anglo-American law system,and obtains a common analysis result from the inspiration,in order to better carry out our country's judge responsibility reform.Again,for the operation of the defects and loopholes in the operation: such as the judge power and responsibility is inconsistent,the judicial mechanism of the structure of the contradiction and the lack of the system of judges and so on.Finally,on the basis of the above theoretical research,this paper makes a supplement to the shortcomings of the judge's responsibility system: perfecting the system of judges 'responsibility by reconstructing the trial operation mechanism,reforming the judge's examination standard and strengthening the performance of the judges' Can be multi-angle,all-round responsibility for the operation of the judge to do the work of the supplement,and ultimately promote the improvement of the judge's responsibility system.