Research On The Trial Judge Accountability System

Throughout the entire historical period of human society, people more and more high to the requirement of judicial justice, and have been looking for can judicial fairness and justice, and the influence of the judge to justice has important significance. The judge is the "law to enter the kingdom of reality by the spiritual kingdom control relationship in social life, law by the judge and descended to earth",however,with the rapid development of economy in our country,brings various social problems. Dramatic change of society has made obvious increase in the number of social disputes in our country. Court taking on the role of social conflict, solve social contradiction has played a positive role. But,in the face of the growing number of cases, the judge's pressure is more and more big. So, the reform of court trial run mechanism, improve the judge the quality and efficiency of the case before. Is in a critical period of reform of the judicial system in our country, the core of the reform of the judicial system is to improve the judicial credibility, improve the judicial credibility is the key to whether let the judge independent jurisdiction, so as to truly achieve "have the trial judge, the judge is responsible for the".Judicial practice in our country, the judge in the case in the process of independent jurisdiction over the lack of security in the system. The judge in the process of handling the wrongs caused not completely eradicate. In order to improve the working quality of the presiding judge in our country, and prevent the occurrence of wrongs, the third plenary session of the 18 explicitly put forward the reform, the presiding judge case responsibility system, in 2014 the supreme people's court, the people's court of the fourth five-year reform outline (2014-2018), "will" improve the presiding judge, the collegial panel case responsibility system as the key link, and put forward the relevant supporting reform measures. "thus, the presiding judge case responsibility system has become the most important role in the current judicial reform in our country.In the process of the presiding judge responsibility system reform in our country,whether in theory or in practice, good results have been achieved. However, the presiding judge responsibility system still exist some problems in the reform.Therefore, the presiding judge case responsibility system to carry out the research still has strong practical significance.This thesis mainly divided into three parts:The first part analyzes the general theories of the responsibility system of the judge in China. Firstly, this paper discusses the responsibility system of the presiding judge and the presiding judge. Secondly, analyze the presiding judge responsibility system of theoretical basis,mainly from with responsibility, judicial justice,judicial efficiency, the presiding judge in the aspect of the responsibility system to make in-depth analysis of handling the case. Again, focus on the perspective of legal theory,from the elimination of judicial town government abuses, perfecting the judicial power operation mechanism, enhance judicial credibility, to realize the unified four aspects in this paper, the presiding judge trial case the value of responsibility system and lay a solid theoretical basis for later discussion.The second part expounds the practical problems in the responsibility system of the presiding judge. The concrete implementation of the presiding judge working responsibility, summarizes the problems existing in the implementation process, from the subject status of the supporting system is not perfect,the presiding judge uncertainty remains to be strengthen, the presiding judge power range, the presiding judge liability standard unclear of presiding judge case responsibility system four aspects to analyze.The third part puts forward the way of perfecting the responsibility system of the presiding judge. According to the second part puts forward the presiding judge case responsibility system in the implementation of the existing problems, and to perfect the related system, highlighting the subject status of the presiding judge case, clarify the scope of authority,the presiding judge,the presiding judge clear responsibility cognizance standard four aspects to improve the presiding judge responsibility system,this thesis presents in order to judge the responsibility system in the implementation of the better operation handling the case.