On The Construction Of The System Of Exemption Of Judges' Liability In China

With the deepening of judicial reform,the aspects of the judge's request is also more and more high,the judge is more and more elite and professional,but in the face of the new professional group,did not give enough in our country's legal rights,on the contrary,with the globalization of economy,crime types of diversification and the imbalance of judicial justice and social justice,the judge professional pressure is increasing.In recent years,with the progress of the rule of law,litigation in being constantly corrected,correct the wrongs of at the same time,caused the social question of judicial fairness and justice,to some extent,the authority and credibility of the law in our country.In order to improve the working quality,safeguard judicial justice,and in the process of the court in the judicial reform in our country,set up the wrong case responsibility system of the judge.Our country to set up the judge wrong case responsibility system in the guarantee the judge in the lawsuit right to exercise jurisdiction,judicial justice,has certain positive meaning.However,its defects is also evident,as long as being appear in the lawsuit,combined with social public opinion tendency,shall be investigated for the responsibility of the judge would be indiscriminate.Thus ignore the rights of the professional group,make the judges in the trial of cases,oneself in unpredictable risk.This situation is reflected in the process of judicial practice in recent years,the court judge within negative judgment,judicial committee submitted the number of cases of group discussion came again,at the same time,the judge also due to exercise their functions and powers but no strong protection,this kind of phenomenon leads to the judge can't independent crime while not aggressive,also can't improve the judicial personnel quality,thus forming a vicious circle.The emergence of the phenomenon that in China the right to judge professional group security did not give enough attention,the appointment and removal of the judges,the respect such as salary,responsibility is still needs to be improved.Give enough job security,a judge is to ensure that the judge's independence and allow them to independent justice law enforcement is not affected by external,impartial judge him,safeguard judicial justice.Status in the judicial process,the judge's independence is the foundation of judicial justice,and at present,because of the lacking of security,the judge's judicial practices are being more and more,so,to build the judge liability exemption system in China is imminent.In this paper,combining with the judicial practice in recent years,in addition to the first chapter introduction,discussed from four parts:The first part is "the judge liability exemption system origin and development of".Mainly elaborated the judge the emergence and development of immunity system and the development trend of contemporary judge liability exemption system and change.In the history of western countries from more attention to protection of the rights of the judges profession,and in the history of our country from the lack of the rights of the judge,because of the lack of the safeguard,is shenyang in this puts it: "people see autumn cao for perusal.Then analyzed since our founding judge immunity space limitation.And further expounds the countries to judge the trend of the development of liability exemption system,and points out the liability exemption system development present situation of the judge in our country.The second part is on the basis of "building the judge liability exemption system." Mainly expounds the theoretical basis of constructing the judge liability exemption system and realistic need.Build the judge liability exemption system is a kind of the unity of the right to control and guarantee,the judge as negative neutral judge of the uncertainty of bounded rationality and justice,need a system to judge the consequences of this uncertainty and isolated individual responsibility,but also promote the judge independent entity,safeguard judicial justice and judicial authority.Misjudged cases in the practice of responsibility shall be investigated for the fuzzy boundaries and various places have different practices,which leads to many judges are winging wronged,so in order to guarantee the right of the judge,strengthen the judge's professional sense of honor,must set up a scientific and effective judge liability exemption system.The third part is "outside of a judge liability exemption system".Mainly elaborated the Anglo-American law system and continental law system countries judge liability exemption system origin,development and apply,and also analyzes the international specification about the evolution of the judge liability exemption system and apply,through comparison and analysis on national and international judges the commonness and difference of liability exemption system,to explore the internal mechanism of this system and its operation rules,the model for the construction of the judge liability exemption system in China.The fourth part is "the idea of" judge liability exemption system in China.By strengthening legislation,in the law must be the judge of immunity,and the exemption of the judge content and specific regulations.Since the eighteenth big,many being corrected,but the author thinks that wrong case responsibility and exemption is complementary to each other,for intentional misconduct or gross negligence caused by the wrong case shall be held accountable,reflects the problem consciousness,promote the judicial personnel to enhance the sense of responsibility,thin with deep in the state of mind to treat every case,comprehensive,carefully review every evidence collection,so as to improve the quality of the case and the judicial credibility;At the same time,the wrong case is a normal phenomenon in the judicial rule,for no intentional misconduct or gross negligence caused by the wrong case immunity is in order to promote the judge independence,safeguard judicial justice and authority,and follow the rules of justice,is accord with the modern judicial ideas.The author through the analysis of the types of misjudged cases,has been clear about the misjudged cases which need accountability,which misjudged cases to gives immunity to the judge,and put forward the building above the intermediate court judge review committee,to build our country judge liability exemption system which offer the guarantee on the program.The rule of law is the modern country's pursuit of common goals,and the judge liability exemption system is one of the symbols of modern civilization country under the rule of law.This relationship can judge independently exercise the jurisdiction of the country,whether the judicial justice and judicial process problem such as the lawful rights and interests of the parties is guaranteed.Judge liability exemption system arising from western countries of Anglo-American law system,its emergence and the western judicial independence movement has close internal relations.So,want to have the deep well to the western concept of the independence of the judicature system applied in the judicial system in our country,not only to further study the inner mechanism of the liability exemption system,a judge also need to judge liability exemption system of all countries to comprehensive analysis and comparison,at the same time with China's national conditions and judicial operation law of history.