Study On The Judge Exemption Liability System In China

In the context of advancing judicial reforms and perfecting the trial system,the system of accountability of judges for misjudged cases is conducive to the suppression of judicial corruption,but it also indirectly leads to the low enthusiasm of judges,which has caused judges to convict them from time to time.The general provisions governing the exemption of judges' liability have been established,but neither the situation of the exemption of the judge's liability nor the procedures for exemption have been specified in detail.In practice,the rights and interests of the judge who has been misjudged by the wrong case cannot be maintained.In other words,the true system of exemption of judge responsibility in our country has not been established.The absence of the system of exemption of judges' liability has resulted in the inability of judges' rights to be well protected.The establishment of the judge's liability immunity system eliminates the need for judges to worry about other external factors,and the independent and fair exercise of judicial power in accordance with the law to truly achieve justice and independence of the judiciary.Therefore,this article uses the actual case investigation method and the Chinese and foreign law comparison method to discuss.The investigation and statistics of the causes of the 16 cases of misconduct in China and the influencing factors of the judges in the wrong cases,and whether the accountability of the judges in the end is directly proportional to the responsibilities of the judges,based on this,establishes and perfects China's system of exemption of judge liability.This article is divided into five parts.The first part mainly talks about the theoretical basis of the judge's liability immunity system.The origin of the theory of judge's liability immunity system is based on the theoretical understanding of foreign countries,such as power control theory,human rights protection theory,and public interest theory.It also explores the reality of national conditions and judicial reform.The second part is based on the practice of exemption of judges' responsibility in our country,and discusses the reality of the immunity of judges in our country.The third part is to establish the relevant principles of the exemption system for judges.Put forward the principles of "non-presumption of innocence","legal exemption","procedural remedy","oppose forced self-certification","self-correction immunity exemption" and other principles,and strictly distinguish between "can be exempted" and "should be exempted" from the responsibility of judges.Under the circumstances,the protection of judges' rights is guaranteed in terms of both material security and rights relief.The fourth part is to coordinate the judicial accountability system and liability exemption system.Both belong to the unity of opposites.Responsibility system measures should be connected and supplemented to each other,so that they can constitute a sound guarantee for the judicial power to be performed in accordance with the law and the effectiveness of the judge's duties.The fifth part,the statute of exemption of the judge's liability was finally regulated and the judge's liability exemption system was confirmed in legislation with a higher legal level.To enrich the content of the system of judge's liability immunity,to establish such systems as defense rights,remedies,and personal protection rights,to clarify that the subject of exemption liability must be judges,and the scope of exempted liability is limited to the scope of duties to promote judicial fairness and independence,and to protect judges and litigants.Legal rights.