The Change Of Sequence Of Right And Liability-the Philosophy And Promotion Of The Institution Of Liability Investigation To The Judges On Misjudged Cases

Whenever the wrongful case is rehabilitated,there will be calls for punishing the case judges in the community,and the construction of a judge’s misjudged case responsibility system will become the best choice for restoring public trust in the judiciary.However,in the selection of institutional design concepts,it has undergone a transition from “recruiting rights” to “power and responsibilities”.At the beginning of the establishment of the system,because the legal system of our country is still not perfect,the judicial power of the judge also lacks the legal basis for the restriction.Therefore,during this period,the construction of the system focused on the accountability mechanism.In this period,whether it is the academic discussion or the legal provision,the relationship of the power,responsibility,and rights of judges is expressed in the order of “responsibility of rights”.Under the operation of this design concept,although achievements have been made in restricting the abuse of power and safeguarding the credibility of the judiciary,with the continuous development of the rule of law,over-emphasizing the accountability of judges will expand the scope of the burden of responsibility.Does not meet the requirements of modern rule of law.Therefore,the current design concept of the judge’s misjudged responsibility system can no longer focus on the construction of responsibility investigation,but must balance the relationship among the judge’s power,rights and responsibilities,and establish a scientific and reasonable accountability system.Therefore,in order to promote the consistency of the powers,responsibilities and responsibilities of the judges,the focus of the current system’s construction should be on the empowerment of the judges and the protection of their rights.This change is also manifested in the three levels,that is,to "power and responsibilities".The institutional design concept transition from "responsibility to rights" to "power and responsibilities" and its future direction is also the main content of this article.This article expands from the following sections:The first part elaborates on the connotation and characteristics of the two design concepts of “responsibility of rights” and “rights and responsibilities and benefits”,respectively,and makes a jurisprudential analysis of these two design concepts.Finally,the author puts forward the current situation of the transformation of the judge’s misconduct accountability system from the "responsibility of rights" to the "power,responsibilities and benefits" and the transformation of the design concept behind it.The second part discusses the practical process of the design philosophy of “responsibility and right” in the system of accountability for misjudged cases.The design concept of “responsible rights” can play an active role in stabilizing social order,safeguarding social justice,and restricting the abuse of power when a judge’s misconduct accountability system is established.Therefore,under the impetus of the “responsible rights” design concept,a series of laws have been formulated and a series of practices have been carried out,providing a legal basis for the continuation and improvement of the accountability system for judges’ misjudged cases.However,the “responsible rights” design concept has also found some deficiencies while achieving achievements,such as causing imbalances in the allocation of power and the expansion of misconduct responsibilities.Therefore,it is necessary to further improve the accountability system for judges for misjudged cases.The third part discusses the achievement,dilemma and prospects for the establishment of the system of judges’ misjudged responsibility under the unified design concept of “power,responsibilities,and profits”.Since the design concept behind the judge’s misconduct responsibilities accountability system has shifted from “blaming rights” to “power and responsibilities,” this transition is not just an ideological one.It also urges the focus of reform to shift from responsibility to power.This transition is also reflected in reforms.Among the practices,for example,the elimination of the layered examination and approval system that is highly criticized,the direct judgment of the referee’s documents by the presiding judge,the unified management of the provincial court’s people’s property at the provincial level,and the construction of professional judge’s meetings,all these reform measures can be seen.The reforms that emerged focused on the empowerment of judges and the protection of rights,that is,the transformation of powers,responsibilities,and profits.These reform measures have achieved certain results in practice,but they are not yet mature.They also need to combine the practical experiences of the design concept of “responsibility of rights” and “power,responsibilities,and benefits” to improve and advance the reform of the accountability system for judges’ misjudged cases.In order to achieve the same judge’s "power and responsibilities."...