A Study On Judicial Responsibility System

Since the 18 th national congress of the communist party of China(CPC),the CPC central committee with President Xi Jinping as the core has given special attention to the right to correct the wrongdoings,and all sectors of society are increasingly concerned about the accountability of wrongdoings.Xi general secretary pointed out: "don't say are wrongs,we now error correction will bring us what damage and impact,and to see we have to give others what kind of damage and impact,the judicial power to bring to us what kind of damage and impact.The correction we make is the work of the sheep.in March 2015,xi jinping in the political bureau of the CPC central committee general secretary 21 times collective learning.it's reflected the party and the country to promote the rule of law in the process of correcting wrongs,improve the level of the rule of team decision.The judicial responsibility of the judge is an indispensable guarantee to improve judicial credibility.Francis Bacon,a famous British philosopher,once said: " an unjust trial,its consequences even more than ten crimes.Because crime is a violation of the law,like pollution of the water.An unjust trial destroys the law,as it pollutes the water.Since the beginning of 2013,the case of nie shubin,the huaggi pattern,and the case of zhang's uncle have been exposed.In fact,the doubt about judicial power is more expressed by the people's gradual lack of confidence in judicial justice.Each step in the pursuit of perfect judicial judicial organs and the people are looking forward to the judge in each case can make a fair judgment,in every judicial cases feel fair and justice,it is not only a kind of the court judicial personnel revolutionaries,but also people's wishes.Therefore through long-term exploration,in order to prevent the happening of the wrongs,strengthen source management,to establish a long-term mechanism,in October2014,18 in the fourth plenary session of the party has been clear about the "put forward the reform of trial centered lawsuit system.And the implementation of the quality of life responsibility system and the responsibility of accountability." in 2015 by the fourth plenary session of the party's 18 on comprehensively advancing the rule of law "of the central committee of the communist party of certain major issue decision" ]],the people's court also introducedmeasures,long-acting mechanism of independent trial build court according to law,to prevent the happening of the wrongs.It is stated that the establishment of the system of the wrong investigation is an important system in accordance with China's national conditions.That is to say,all the judicial responsibility system in our country is closely related to the system of investigation of the wrong case,especially the judicial system of the judge.It is of great significance to improve the quality,maintenance and justice of judicial justice.However,through the retrieval we found that the judge wrong person as an important and rare and throughout all the recent weeks in the process of judicial reform measures,wrong case responsibility system since the launch has been plagued by the parties as of the date of criticism and criticism."Misjudged cases","the judge misjudged cases" and so on do not have a unified definition,standards are not clear,stock split big waste,such as the lack of security system are defective legislative and technical content,is a big obstacle to further promote the system.But these doubts and objections have not shaken his existence,but in a single reform that has been restated and strengthened in practice.However,we should also see that due to the formation of facts and the possibility of legal application,there are some deficiencies and defects in both theoretical and practical aspects,and there is still room for improvement and improvement.Therefore,based on the analysis of the background and reality of the judge's error,this paper will discuss the system of judicial investigation in our country from the following six parts:The first part is mainly about introduction.This paper introduces the background and significance of topic selection from the background of system establishment and the method used in the theoretical analysis.The second part mainly introduces the basic theory of judicial investigation system in our country.From the connotation,constitutive elements and the corresponding legal provisions of the way to pursue the discussion.Concept nature of a thing is the most concise summary,through the description of the concept can help us has the most direct an insight into the nature of things,because the law in our country on the "misjudged cases","the judge misjudged cases" are not a clear definition to summary,but in practice,the definition of misjudged cases sporadic hidden in various legal provisions,in this case,we will define is divided into two kinds: one kind is,1.Referring to the legal system of definition and determined on the basis of "misjudged cases".It is mainly the legal provisions to make clear the relevant responsibility of "judge misconduct".The other is the definition and identification of "wrong cases" by academic scholars.It mainly discusses the scholars' explanation of the judge's liability.In this way,the concept of "wrong case" is summarized.Secondly,an overview is extended in terms of constitutive elements and methods ofinvestigation.This article insists on the "four elements",saying that it is necessary to judge the responsibility of the judge from the subjective,subjective and objective aspects.The method of accountability mainly consists of three kinds: criminal responsibility,administrative responsibility and disciplinary action.The third part,the system of problem,put forward in this paper,the position of the misjudged cases after the establishment of accountability is agree with the judge,to safeguard judicial authority,and improve the judge handling the level of business is to have a positive effect.Although there are some problems in the application process,there is no denying the judge's responsibility system.Then,the feasibility and value of the system are analyzed,and the theoretical research is further improved.The fourth part,from the outside legal system mainly is the continental law system represented by Germany and typical countries of Anglo-American law system represented by the United States,the contents of the system of the punishment of judges are analyzed and compared,summed up the relevant judge punishment system of our country outside of revelation,enhance our understanding of the judge wrong case responsibility system,to find their own shortcomings.The fifth part,in the wrong case to the judge person develop a theoretical argument,this part focus on the system of our country present stage the judge misjudged cases investigated from two aspects: national and local regulations is analyzed,and the use of three typical misjudged cases in recent years to problems,reflect the wrong person is lack of a clear standard,the internalization of accountability,lack of perfect accountability mechanism,the lack of a correct concept of misjudged cases integrated by the factors of influence.The sixth part,aiming at the problems existing in the fifth part,from the perfect unification "misjudged cases" standard,breakthrough accountability mode,perfecting the misjudged cases accountability mechanism,strengthen the judicial personnel professional ethics training to set up correct concept of misjudged cases four aspects put forward the perfect Suggestions.