Theory Of The Presiding Judge Responsibility System In Our Country

Significance of the judicial trial is to maintain social justice and realize the judicial justice,while the judge is an important part of this link can not be ignored.It is not only to protect the rights and interests of the people,to maintain social justice,but also to safeguard the judicial authority,to maintain the credibility of the judiciary,and to promote the rule of law in our country.The judge through the independent exercise of judicial power to restore the facts of the case,in order to realize the justice of justice and justice.But in the reality of judicial practice,the judge’s independent jurisdiction is difficult to be fully realized.This leads to a large number of "interesting" phenomenon in the judicial practice of our country.In order to reverse this phenomenon,our country in 2013 through the third Plenary Session of the 18 th CPC Central Committee on the "comprehensive deepening reform of the CPC Central Committee on major issues of the decision" clearly pointed out that the progressive realization of the trial judge responsibility system,and integrate them into a new round of judicial reform.At present,the trial judge responsibility system has been carried out in the trial court,and achieved good results.However,as a new system,in the implementation process must be adapted to local conditions,and gradually promote.The judge’s independent exercise of judicial power is the premise of realizing judicial justice.And the basic legal basis of judge responsibility lies in the terms of agreement,the judge in the independent judgment of power at the same time,should also be the case against the referee responsible for the results.The implementation of the trial judge responsibility system is of great significance to improve Chinese current traditional court management mode,less administrative intervention of judicial adjudication,to achieve the "trial","judgment" of the unity and coordination,but also to achieve the referee to judge,the judge is responsible for,to effectively improve the unity of rights and duties.The judge hearing the case of the quality of judges and judicial efficiency,so as to realize the organic combination of justice and judicial efficiency.However,in order to realize the trial judge accountability system,it is a huge project,it breaks through the existing legal system,is not that simple to give judges the power can be achieved,so it is necessary to establish the corresponding legal system to protect.To further improve accountability presiding judge on the court,the judge related organization,personnel mechanism,responsibility mechanism,supervision mechanism,safeguard mechanism and reasonable occupation of judicial functions of the Commission and other provisions,the system makes the judge can really fully exercise its powers.This paper mainly uses the literature research method and comparative analysis method to analyze and discuss the theory of the judge system,combined with the advanced experience of foreign judicial system,in order to put forward the suitable national conditions of our country judge system.This paper is divided into five parts: the first part mainly discusses the purpose and significance of the topic,the domestic and foreign theories related to the presiding judge of the system;the second part from the definition of accountability presiding judge of the trial on the implementation of the value and significance of judge responsibility;the third part is the feasibility analysis of China’s implementation of the judge system from the angle of theory and reality;the fourth part is from the analysis of the current status quo of the presiding judge system,summarizes some problems existing in the system of judges in China;the fifth part is the third and fourth part is the starting point,put forward the idea of establishing and perfecting the responsibility system of the trial judge in our country.