Judge Responsibility System Research

With the correction of the miscarriage of justice,the trial of the judge to improve the case,the implementation of the judge’s responsibility to hold the judge’s responsibility to become a difficult issue in court reform.In the legal practice,often appear "judge is not cut,the author does not judge" situation.In order to reduce the arbitrariness of the judge in the process of judging the case,improve the efficiency of the trial and enhance the credibility of the judiciary,the Third Plenary Session of the Eighteenth Central Committee adopted the Decision on Several Important Issues Concerning the Deepening Reform of the CPC Central Committee,which made it clear that " Responsibility system,the implementation of who is responsible for handling the case,"the Supreme People’s Court has also made relevant provisions to improve the judicial responsibility,but in the specific implementation,but also to be refined content,such as the judge’s responsibility to pursue standards,Job security,etc.,also need further research,refine the implementation of standards.What is this paper-why-how to do ideas to start."What is" is the analysis of the nature and characteristics of the judge’s responsibility system,and clarifies the scope of the judge’s responsibility system;"why" is based on the analysis of the status quo of the judge’s responsibility system,analyze the main problems and constraints of the judge’s responsibility system;How to do "is in the existing system of accountability of the judge system,clear the constituent elements of the judge and the circumstances of the exemption,combined with the current status of the judiciary,to explore the perfect system of judges,to improve the credibility of the path of justice.Based on this idea,the main contents of this paper include:First,the basic connotation of the system of judges’ responsibility,the theoretical and practical significance,the theoretical model of the judge’s responsibility system;Second,the status of the judge’s responsibility system,the implementation of the judge’s responsibility system The main problem,the judge’s responsibility system is difficult to implement the reasons for analysis;third,improve the judge’s responsibility system recommendations.In this part,the main structure of this paper is divided into three parts:the main body of the thesis,which is divided into three parts:The first chapter discusses the basic principles of the judge’s responsibility system.Including the basic connotation of the system of judges’ responsibility,the theoretical and realistic basis,the theoretical model,and the theoretical basis for the analysis of the status quo of the judge’s responsibility system and its improvement.This article first combines the legal liability,the trial responsibility and other related concepts,clarifies the nature and characteristics of the judge’s responsibility,and then clarifies the judge’s accountability and exemption.Secondly,through the theoretical basis of the judge’s responsibility and the practical significance of the judge’s existence,The model of responsibility to analyze the theoretical basis of the judge’s responsibility,the basic theory of the judge’s responsibility to pave the way.The second chapter makes an empirical analysis on the present situation of the current system of judges’ responsibility in China.This article first discusses the status quo of the judge’s responsibility system under the responsibility of responsibility,procedural responsibility and professional ethics.In the case of the responsibility of the judge,the judge’s responsibility is mainly to judge whether the judge’s judgment is wrong,but the correct judgment,And there is no uniform;in the process of accountability,mainly to see whether the judge in violation of legal procedures,to make a violation of the judgments;in the professional ethics of the judge,the judge’s professional performance is consistent with professional norms,the judge’s words and deeds Damage the image of the judge and so on.And then points out the main problems in the implementation of the system of judges’ responsibility.The main problem of the judge’s accountability system is that the standard of accountability of the judge is not clear,the content of the investigation is not clear,the content of the objection is not reasonable,and the judge’s right relief Is not perfect;In addition,the court on the judge’s unreasonable pursuit of promotion channels narrow,the lack of performance of the judge on duty,leading to the loss of judges.The loss of the judge increases the burden on the court,the more contradictory the more prominent.On the basis of this,the author analyzes the reasons why the judge’s responsibility system is difficult to be implemented.The reason why the judge is difficult to implement is mainly that the administrative color of the court is strong,the interests of the game,the lack of accountability,the lack of performance,By analyzing the existing problems and causes,lay the foundation for the perfection of the judge’s responsibility system.The third chapter puts forward the countermeasure suggestion of perfecting the system of judges’ responsibility.Based on the basic principles of the system of judge responsibility and the analysis of the current situation and causes,it is suggested that the constituent elements of the responsibility of the judges should be clearly defined and the forms,exemptions and conditions,the system of ensuring the performance of the judges in accordance with the law,and so on,The occurrence of false cases.