A Study On The Judges Accountability Of Wrong Cases In China

In the 1990s,the system of accountability for judges' wrong cases was quickly established in the grassroots courts of the country with the system of judges'responsibility proposed by the Qinhuangdao Municipal People's Court.The judges'accountability system for misjudged cases has played an important role in improving the sense of responsibility and professional quality of judges.However,the system of accountability for judges' wrong cases has been questioned since its establishment.There are two opposite views in the theoretical and practical circles.The theoretical circle believes that the system of accountability for judges is a manifestation of the unity of power and responsibility,and it can guarantee the maximum exercise of judicial power by judges.The practice community believes that the judges'accountability system for wrongdoing brings enormous trial pressure to the judges,limits the judges' exercise of discretion,and even has extreme views to support the abolition of the system.Therefore,it is necessary to re-examine the judges'accountability system for misjudged cases,and reposition the judges' accountability system for misjudged cases to match the status quo of China's national conditions,and at the same time find a more perfect mechanism for accountability of judges.In the report of the 15th National Congress of the Communist Party of China,the party put forward the "implementing the rule of law and building a socialist country ruled by law." The report of the 18th National Congress of the Communist Party of China put forward the "Building a socialist rule of law system with Chinese characteristics,building a socialist country ruled by law,and adhering to the rule of law." The Nine Major Report puts forward "to deepen the comprehensive reform of the judicial system,fully implement the judicial responsibility system,and strive to make the people feel fair and just in every judicial case." The article first elaborates on the connotation,concept and characteristics of the accountability system for judges' wrong cases.The significance of historical evolution and the accountability system for judges' wrong cases.Secondly,it analyzes the current situation and predicament of the current accountability system for judges in China,and focuses on the shortcomings in the operation of the current accountability system in China,including:the definition of wrong standards is not clear,the uncertainty of operational procedures,and the negative in the implementation process.The impact is large,the construction of the wrong case is not perfect,and the division of judges' responsibility is unfair.At the same time,it examines the current system of judges' accountability in the three advanced rule of law in the United States,Japan and Germany,and summarizes the enlightenment to China from three aspects:specialization of punishment legislation,diversification of punishment procedures and strengthening of safeguard measures for judges.In view of the shortcomings of the above-mentioned judges' accountability system,this paper proposes targeted countermeasures,perfecting the standards and time standards for misjudged behaviors,establishing scientific and reasonable accountability procedures,implementing the accountability system of presiding judges,and establishing accountability for judges' wrong cases.The system should follow the principle of several points,and make suggestions and suggestions on the accountability system for judges' wrong cases,in an effort to create a perfect judicial environment,so as to realize the supervision of the judicial activities of judges in China.As a judge who holds the power of adjudication,judicial personnel play a decisive role in the fate and life of others.The system of accountability for judges must be sufficiently perfect to keep up with the needs of society.