The Dilemma And Outlet Of Contemporary Chinese Judicial Responsibility System

With the promulgation of programmatic documents such as "The opinions of the Supreme People's Court on the improvement of the judicial responsibility system of the People's Court",the curtain of a new round of judicial reform has formally opened,as a new round of judicial reform "the bull nose"--Judicial responsibility system,its core point can be used "Let the adjudicator judge,let referees take responsibility." to highly summarized.Over the past few years,with the vigorous promotion of the CPC Central Committee,the Supreme people's Court and academia,the reform of the judicial responsibility system is in the ascendant,both in theoretical research and practical application,and have achieved certain results.However,due to the unfavorable effects of a single type of accountability,unclear responsibilities of judges,and internal administrative leadership of the court system and other aspects of the adverse impact of the judicial responsibility system reform in our country has encountered difficulties in practice and there are unsatisfactory results.The reason is that different from the administrative power,the unique judgment attribute of judicial activities determines the complexity and diversity of judicial responsibility from presupposition to the determination and then to the investigation.Judicial responsibility system not only includes the responsibility and punishment of judges,but also closely linked with the independent exercise of judges' jurisdiction,judges' professional ethics,judicial organization power operation,the immunity of judges' responsibility,the job protection of judges' tenure,and so on.Therefore,,we must take the full protection of judges' independent adjudication in accordance with the law as the premise,the equal right of the trial organization as the basis,the cultivation of judges' professional ethics as the core,and the judges' exemption of responsibility as the guarantee to establish and improve judicial responsibility system.Any externally powerful and effectively functioning system must have behind it a set of systems to support it.Any externally powerful and effectively operation functioning system,must have a set of systems to support it.If the hair is not there,will the skin be attached?If we can't break through the reform to break the longstanding idea of "officialdom" in people's hearts,we can't eliminate the administrative interventions inside and outsidethe court system,and we can't set up a relaxed institutional environment for judges to try and adjudicate.The judicial accountability system will lose its foundation and the results of the reform will be greatly discounted.On the other hand,"Taking the ancient times as a mirror,we can see the rise and fall".In recent years,the credibility of the judiciary has been questioned not only because the judgment not only because the judgment of the final product as a people's court trial has caused problems,but also because in practice the judge's violation of professional ethics and the harm to judicial justice can not be underestimated.With the further clarification of the social division of labor,the trend of professional specialization and excellence of judges has became more and more obvious.It is also the inherent requirement to carry out the judicial responsibility system to cultivate the professional ethics of judges,to establish professional thinking of judges and to grind the professional skills of judges.Therefore,the judicial responsibility system reform must pay attention to the human factor,set up the judge profession ethics to be similar to sift sand for gold,the goal is to ensure the best legal talent to enter the judge troop.If reformers do not refer to the historical evolution and experience of judicial responsibility system,only focus on whether the results are wrong and ignore the professional ethics of judges,and still follow the old road of the system of accountability as the wrong cases,there is no doubt that the reform of judicial responsibility system deviates from the correct course.In view of this,this article embarks from the two aspects from the theory and practice,combined with the contemporary Chinese judicial environment and characteristics of the times,mainly used literature research methods,semantic analysis methods and comparative research methods.By exploring the current situation of the judicial responsibility system in our country after the judicial reform,this paper focuses on analyzing the difficulties encountered in the operation of the judicial responsibility system of our country.It also tries to rationalize the position of the jurisdiction of the trial organization,solve the difficult problem of the distribution of the responsibility of different trial subjects,adhere to the unified accountability standard between the subjective and the objective,pay attention to the investigation of the professional ethical responsibilities of the judges,and establish and improve the exemption system of the judges' responsibilities.It provides an effective way out for the reform of the responsibility system of judges in our country.