Theoretical Connotation And Practice Of Judicial Accountability System

At the end of 2013,the Third Plenary Session of the Eighteenth Central Committee of the Communist Party of China adopted the Decision of the Central Committee of the Communist Party of China on Deepening the Reform of Several Major Issues,which put forward the requirement of "improving the mechanism of judicial power operation" and put the "Reform Judicial Committee System,perfect the trial judge,the panel handling responsibility mechanism,so that the judge referee,by the referee responsible for " as a mechanism to improve the judicial power of the major initiatives.This is the official document for the first time on the judicial responsibility of the connotation and significance of the reform made a direct statement.This article will be explained from four parts.The first part is the interpretation of the concept of judicial responsibility.First of all,to clarify the basic core concepts,characteristics and important components of the judicial responsibility system,it is clear that the power of the judicial organs in the current judicial reform is the scope of "judicial power" in the judicial sense of strict sense.Secondly,by analyzing the difference between the judicial responsibility system and the wrongdoing and the judicial accountability,the connotation of the judicial responsibility system in the current judicial reform is explained.The second part focuses on the analysis of the implementation of judicial accountability.From the current judicial system and the existence of the trial mechanism to start the problem,focusing on the existence of institutional defects and the internal problems of the judicial team.And compares the experience of accountability in the past judicial reform,describes the occupation dilemma,sums up the importance of judicial vocational guarantee and quality training.The third part elaborates the value appeal and the target task of the judicial responsibility system.First of all,in-depth description of the judicial reform in the moment,improve the judicial responsibility system and promote judicial reform is complementary.Judicial credibility suffered heavy losses,reshape the judicial authority,better protection of human rights is the judicial responsibility system in the present era of value demands.Secondly,the task of judicial responsibility system is not limited to accountability,but to promote the reform of the trial mechanism to train a better team of judges.In the fourth part,according to the connotation interpretation and the resistance analysis of the judicial responsibility system in the first three parts,the author puts forward the perfect path of judicial responsibility system.Summed up the basic principles of judicial responsibility as a direction of guidance,from the metaphysical concept to the practical level of the system,give full consideration to the law of the operation of judicial power,adhere to the unity of power and responsibility and democratic justice.Optimize the trial operation mechanism,the implementation of "let the judge referee,by the referee responsible" concept.In addition,pay attention to the professional protection of judges,and constantly optimize the judicial staff structure,and promote the professional development of the judges.