The Research On The Judicial Accountability System In China

The Third Plenary Session of the 18th Central Committee Communist Party of China passed the Decision of the Central Committee on Several Important Issues about Deepening the Reforms Comprehensively(in the later part referred to as "Decision')in November 2013,in the "decision,there made a overall deployment for building the rule of law in China,and also put forward some new requirements in order to deepening the reform of the judicial system,and thus initiated a new round of reform of the judicial system.In the process of the new round of judicial reform,to establish and improve the judicial responsibility system is an important task,however,judge accountability system is one of the most important part in judicial accountability system,and at the same it caused the most theoretical disputes and practice difficulties.Now there existed some unreasonable factors in the top level system designing of the judge accountability system in our country,and we also encounters many obstacles in its practice operations,so there has a big room for improvement.This paper analyzed the problems of the judge accountability system in our country,which existed in the aspect of institutional design and practice operation,and then investigated and referenced the experiences of the judge accountability in several foreign countries,at last put forward several suggestions for improvement.In the first part of the article,the writer discussed the different definitions of misjudged cases in various legal documents and judicial practices,and proposed to take the standard of combine the behavior and the result in the context on judge accountability,and then analyzed the responsibility types of the judge needs to undertake in the trial business and daily practice activities,and distinguishes the judicial responsibilities of the judge from disciplinary responsibilities,supervision and management responsibilities and professional ethical responsibilities.In the second part of the article,the writer analyzed the accountable situation of several typical misjudged cases,and discussed the problems existed in the aspect of system and practice of the judge accountability in our country.First of all,the interrelationships between various documents about judicial accountability made by different courts and relevant departments are not clear,the specific provisions in those documents are different.Secondly,now there are several subjects of judicial accountability existed at the same time,but the division of powers is not clear,and the concrete work can't be finished sufficiently.In addition,in the specific case of judge accountability,the procedural mechanism is not perfect,the judge can't have a lawyer to defence for himself,and he even can't defence for himself,but he must accept the result his leader gave him.That makes the judge's legal rights can not be protected effectively.Finally,in the case of judge accountability,there has too much concerns over the objective results of the judgement,and lack of consideration about whether the judge's professional conduct is lawful and whether the judge's subjective mindset has any mistakes that require him to take responsibility.In the third part of the article,the writer analyzed the judge accountability institution in the United State,Germany and Japan,and compared with the institution in China,at last concludes that:the foreign accountability system has a more complete procedural regulation and pays more attention to the judges professional conduct,judge's responsibility will not be pursued merely because the judge has made a judgement that is inconsistent with the objective facts of the case.The specific division of the judge's responsibilities are more clearly,thus the system appears more reasonable and fair,they don't have several constitutions who rescued the judges existed at the same time and there is no such phenomenon as the internal accountability of the court can't play its actual role.In the fourth part of the article,the writer proposed several advice such as unifying the legal standards and application of the judge accountability,in order to take the current judge punishment system to a higher level,establish a reasonable procedure for the judge accountability,and when comes to the judge accountability,adhere to combine the subjective and the objective,pay the same attention to the behavior and the result.The writer hope to bring some enlightenment to improve and development the judge accountability constitution of our country,and promote the improvement and development progress of the judge accountability system in China.