The Context Of "Returning Power" Of The Presiding Judge Responsibility System Analysis

In recent decades,the disadvantage of administrativization and localization in people's court has been increasingly revealed;particularly,the hierarchization of case judging and approval of referee documents.It leads to the phenomenon of trial separation,which means “the judge can't decide the case,while the adjudicator doesn't hear the case.” The phenomenon of trial separation will directly lead to the jurisdiction of the judge is not complete,and in the case of errors cannot be held accountable,and build a case,the presiding judge responsibility system system to solve the bottleneck problem provides possibilities.The paper is divided into five parts:The first part: Overview of the presiding judge responsibility system.The first part of the presiding judge responsibility system is defined.And then expounds the presiding judge responsibility system of the core elements,namely,"returning power" and "clarifying accountability".The second part: The theoretical foundation and realistic foundation of the presiding judge responsibility system.This part first from the independence of the judicature,the consistent of power and responsibility,the mass and effect of trial three aspects discusses the theoretical basis of the presiding judge responsibility system.The third part: The present situation of the presiding judge responsibility system in our country.This section from the selection of the presiding judge,the presiding judge power as well as the presiding judge examination three parts to elaborate the present situation of the presiding judge responsibility system in China.The fourth part: the presiding judge responsibility system of present problems in the process of practice.Around through the court of the analysis of the operation mode of the presiding judge responsibility system,this part expounds the four aspects of the problem,namely the judge selection and assessment,the power design problems,responsibility identification,the relationship between the collegial panel and the problems.The fifth part: Aiming at causes,this thesis provides approaches to improving presiding judge responsibility system in China.Therefore,the presiding judge would be aware of the list of power he possesses while still owning jurisdictional right.It helps accomplish the responsibility pattern,which is“the inquisitor judges,and the adjudicator takes responsibility.”It will also provide a better judicial safeguard for transitional development of our economic society,and accelerate the progression of law-governing in China.