The Study Of The Judge Responsibility System Under The Judicial System In China

Beginning in 2004,from the perspective of judicial rules and characteristics,we will improve the judicial organization structuring,division of functions and powers,and management system.At the same time,having well defined powers and responsibilities,mutual coordination,mutual restrictions and efficient operations in judicial systems.China's judicial reform is moving towards the stage of overall co-ordination and orderly advancement.Since 2008,China has launched a new round of judicial reform.The judicial reform has entered a new stage of deepening the key points and pushing forward the systematical implementation.The specific reform tasks are put forward from four aspects: optimizing the allocation of judicial powers,implementing the criminal policy of tempering justice with mercy,strengthening the construction of judicial team,and strengthening the guarantee of judicial funds.These tasks of judicial reform have basically been completed.On December 4,2014,at the National Judicial System Reform Pilot Work Conference,mobilization and deployment of the national judicial system reform pilot work were carried out.It said that the first batch of 5 pilot provinces in China had started the pilot work of judicial reform.The reason why the judicial accountability is difficult to implement is that we always unilaterally emphasize the investigation of the judicial accountability and neglect the construction of the safeguard system of the judge's performance of duty,such as the high salary system of the judge ranks,the life-long system and the system that the judge cannot be recalled without legal reasons and without legal procedures.Only synchronously constructing and implementing the judicial accountability and security systems for the judge performances,is conducive to the overall advancement of judicial reform and induces the good effect.The judge has the power to decide the case within his areas of competence.The judge's dominant position when handling with cases is highlighted with implementing accountability by using system of posts.After the implementing of system of posts,the premise to adopt the judicial accountability is to adhere to the principle of judge's independence of handling the case,let the inquisitors judge,and let the judges take the responsibilities.Implementing the judge accountability,improving the case quality guarantee mechanism and the internal supervision and restriction mechanism,ensuring the quality of handling cases,ensuring the unification,standardization and correct exercise of the judge's jurisdiction are the inevitable requirements of judicial reform.At present,the basic goal of judicial reform in China is to achieve "unity of powers and responsibilities".The value orientation of judicial reform is judicial justice."Basic goal" is different from "value orientation".The former is concrete and institutional,while the latter is abstract and spiritual.The completion of former is more conducive to the realization of the latter.After the implementation of system of posts,the increase in the number of cases handled per capita,the principle of independent handling of cases by judges,the guarantee of the quality of cases,and the supervision and restriction of judges are all worthy of study.Based on the personnel structure and case handling situation of basic-level people's courts in C district,this paper probes into how to implement the judicial accountability under system of posts,and reveals the problems of imperfection,irrationality and security of judges in the process of judicial reform in China.On the basis of drawing lessons from foreign advanced experience and combining with China's specific conditions,this paper solves difficult problems in the implementation of the judge accountability and improves the judge reform in judge accountability in China by adopting strict selection and assessment system for presiding judges,clarifying the criteria for the prosecution of judges,perfecting the disciplinary procedures for judges,and strengthening the performance of judges.