Study On The Dilemma And Reliever Of The Reform Of Judicial Responsibility System

Judicial responsibility system means that the judge goes to the referee and Let the referee to be responsible.It is conducive to restraining the behavior of the judiciary and protects the legitimate rights and interests of the parties.At the same time,judicial responsibility system's reform as the key to judicial reform is imperative.This is not only the inevitable requirement of the judicial law,but also the sensible choose of making legal justices through judicial responsibility.But from the point of view,there is still a gap between the ideals and the reality of judicial responsibility reform.At present,China's judicial responsibility reform is based on the "A number of opinions on improving the judicial responsibility system of the people's court" which issued by Supreme People's Court,only with the Supreme People's Court issued a judicial interpretation of the way to implement the judicial responsibility system are Lacking of legal basis,and the requirements of the judge independent also violated the"Constitution","Criminal Procedure Law" provisions.In the determination of responsibility,there are mainly issues such as the expansion of the scope of responsibility,the identification of responsibility and the subjective nature of the exemption and the expansion of judicial professional risk.In the case of accountability,there are challenges such as the formalization of the removal of authority,the administration of disciplinary and disciplinary procedures,and the internalization of the disciplinary board.In addition,it lacks a supporting judicial guarantee.The main reason is that the concept of judicial reform is lagging behind,judicial administration,localization and judicial interpretation of the tradition of legislation.In view of this,the future judicial responsibility system reform should be unified legislation to protect the independence of the judiciary and the independence of judges;In the determination of responsibility,should be established relative to the objective criteria and the timeliness of the accountability system;In the accountability,the dismissal of the power organs should be substantial,disciplinary institutions and disciplinary procedures should be judicial and the establishment of the Disciplinary Committee should be externalized,at the same time should also improve the supporting judicial protection.