Exploring The Accountability System For Judges In China

Recently, with the exposure of the wrongly charged cases, the judicial justice is questioned by the public, and redressing and statutory of the wrongly charged cases become the hot topic. To protect the judicial justice and improve the credibility, the court system has been continuously issuing related legal system. While the very system makes sure the judge exercises the judicial authority, it actively helps to achieve the judicial justice, so it is well welcomed by the local court. However, from its birth, this system lacked the specific terms to prescribe the responsibility of the judge and the investigation of the wrongly charged cases. The system is hugely controversial in theory and exercise, which is not beneficial to the reform of judicial system and the improvement of judicial responsibility system.Therefore,this paper begins with the founding background of the responsibility system of wrongly charged cases. Based on the theoretical analysis of wrongly charged cases and releva nt problems, it lists facts and ideas to discuss the theoretical theoretical basis of the system an d the feasibility of the system in current China. Then, it introduces the judicial independence and the judge immunity prescribed by the United Nation, and the judicial penal system of America, German, and Japan respectively, to draw a lesson for our system from the regulation and mechanism, especially its basis, main body, procedure and approaches. At last, it turns back to the judicial responsibility system of judge. By study, it classifies all the regulation about the system in laws, judicial interpretations, working files by the Supreme Court and the Supreme People's Procuratorate, organization prescription and local laws and regulations, etc. It also analyzes three lately wrongly charged cases to find out the shortcomings of the present system. The study also proposes suggestions on judicial standards, procedure, and administration of responsibility system of wrongly charged cases, to benefit the reform of responsibility system of wrongly charged cases.