Study On The Improvement Of Judicial Responsibility System Under The Background Of Legal Construction

With the development of the information technology in recent years,miscarriages of justice like cases of Huge Jiletu and Nie Shubin as well as many others have frequently turned into public views and attracted great attention nationwide.A series of cases of misjudgment once again made the proposition of "judicial responsibility" become the focus.And the weakness of judicial accountability exposed the drawbacks of our judicial responsibility system.A series of judicial reform documents made by the governments of all levels explicitly stated that the improvement of judicial responsibility system should be an important part of judicial reform,which shows that the judicial responsibility is the only road to achieve justice.The purpose of this paper is to seek methods for building China's modern judicial system and deepening the reform of judicial system from the perspective of judicial accountability.Stating the history and development of the system of liability of law-officer in ancient China from the level of legal history,and comparing with the Western judicial system from the level comparative law to seek for experience of construction of judicial responsibility system from the differences and conflicts;the current situation of constructing and complementing the modern judicial responsibility system was stated;current drawbacks like unclear standards of responsibility investigation,unclear scope of responsibility,overlap principle part of investigation and disordered accountability process were concluded;the difficulties and reasons of carrying out the judicial responsibility system in China were summarized.This paper will try to construct and improve the theoretic system conceivable system for the judicial responsibility system that are suitable in China.Through the improvement of the judicial responsibility system to force the reform of the judicial system to promote judicial justice and judicial independence.Judicial responsibility system is a powerful weapon of judicial supervision.Only when judicial supervision and judicial independence maintain a state of relative balance and dynamic harmony,can China's judicial system reform and the legal construction achieve fine development gradually.