Study On The System Of Judges' Responsibility In China

As a part of the judge system of our country,the judge responsibility system is an important starting point for a new round of judicial reform,it is of great significance for us to build the modern rule of law.In the process of deepening the judicial reform,there are still some defects of the current misjudged case accountability system,such as,the standard is not clear,design of system is unreasonable and serious administrative tendency;and the lifelong responsibility system is too harsh to call the judge to account.Aiming at the problems in the judicial practice,this paper,from the perspective of jurisprudence,referring to the experience of developed countries,exploring and perfecting liability system of judge under the background of judicial reform.This paper is divided into five parts,the main contents are as follows:The first part,first of all,discusses the concept of the judge responsibility,and defines the concept of the judge responsibility based on the comparative study of two theories in the theory circles,then summarizes the characteristics of judge's responsibility from the subject,scope,social influence.Finally,it analyzed the necessity and theoretical basis of the judge responsibility system,laying the groundwork for a comprehensive discussion of our liability system of judge.The second part introduces historical development of the judge responsibility system of China.in order to have a comprehensive understanding of the present system.On the basis of a comprehensive understanding of the historical development and background,we should learn from the experience of ancient legislation and try to improve the system of judge's responsibility.The third part points out the defects of current system and reflect on the causes,and finally take cognizance of necessity of the system.The fourth part makes a comparative study of four representative countries from the scope of responsibility,responsibility subject and investigation procedures in order to perfect the responsibility system of judges in china.The fifth part points out the faultiness of the current judge responsibility system.It draws lessons from the beneficial experience of the developed countries,and puts forward the perfect ideas in accordance with the current national conditions from the following aspects: the reasons for the pursuit of responsibility,the organization of investigation,the procedure of investigation,and so on.