A Study On The Responsibility Of Illegal Trial In China

In recent years,with the development of society and the intensification of the law popularization work,people’s awareness of their rights has been continuously enhanced,and judicial activities have attracted more and more attention.This is undoubtedly a good thing.Judges in the judiciary are undoubtedly at the core of the judiciary,and how judges are related to judicial justice.However,due to various reasons,the public is often skeptical of the people’s courts’ referendum.The result of a trial has frequently aroused heated public debate.Our country has carried out a round of judicial reforms.In order to enhance people’s trust in the judicial power,and in particular to improve the judge’s quality of trials,from 20 years ago,China began to explore the accountability methods for judges’ liability for unlawful trials.Wanting to chase and punish judges to improve the quality of handling cases,they want to improve the credibility of the judiciary.However,the logical contradiction of this reform has been criticized by all parties in the jurisprudence,but it has been an important part of the judicial reform for many years.Responsibility for the judge’s illegal trial will cause many problems to be abolished in practice.At the same time,how to standardize the behavior of judges and restrict the willingness of judges is discussed in this paper from four aspects:This thesis firstly summarizes the theoretical issues of judges’ illegal trials,defines the responsibility for illegal trials,analyzes the characteristics of illegal trial responsibilities,and shows that the exercise of the trial powers has its own special laws by comparing the trial powers and the procuratorial powers.Second,the feasibility of investigating responsibility for illegal trials was demonstrated.The analysis of cases shows that the discovery of laws,the identification of facts,and the application of laws are all very difficult.Investigation of the responsibility of judges for illegal trials will affect the judges’ independent performance of trial duties.Once again,the United States,Germany,and Japan’s system of disciplinary judges were reviewed.Through comparative analysis,some useful lessons were learned.Finally,the reasons for the investigation of the liability for illegal trials have always existed in our country,and attempts have been made to propose several reforms.We must strictly limit the conduct of judges other than trial behaviors,such as personal behavior and administrative behavior.Immunity from the judge’s performance of trial responsibilities.To find a balance between limiting the judge’s wishful decision and guaranteeing the judge’s independent trial.