A Study On The Judicial Power Under The Judicial Responsibility System

The reform of judicial responsibility system from "establishment and perfection" to "full implementation" today is undoubtedly a landmark event in the history of judicial system reform in our country.The full implementation of the judicial responsibility system is considered to be the only way to achieve a new round of the reform of the legal system,and "let the judge,let the referee be responsible" is the core and scientific connotation of the judicial responsibility system reform.In order to achieve the real "unity of power and responsibility",the judge must have the power to hear the case,that is,the legal discretion,in addition,the judge should be responsible for the fact of the case and the application of the law,and be responsible for the quality and quantity of the case.The decision of the CPC Central Committee on comprehensively promoting the rule of law on a number of major issues adopted by the fourth Plenary session of the 18 th CPC Central Committee pointed out to the people of the whole country the key points of judicial reform in order to safeguard judicial justice.In order to establish the system of investigating judges' responsibility for mistakes and the system that judges are responsible for the quality of handling cases,it has become an important basis for the pursuit of judges' responsibility.The "some opinions on perfecting the Judicial liability system of the people's Courts" issued by the Central political and Law Commission and the Supreme people's Court stipulate the procedures for the prosecution of wrong cases.At the same time,the legal official post system,the circuit court,the unified management of people and property at the provincial level and other specific measures are being carried out like tea.However,what we can not avoid is that judicial justice,as the ultimate goal of national legal construction,often arrives late.The spirit of the 19 th National Congress of the Communist Party of China(CPC)and the second and third Plenary sessions of the 19 th CPC Central Committee pointed out that " we should persist in establishing constitutional and legal authority throughout society,standardize public power inaccordance with the law,protect civil rights,and safeguard social fairness and justice."Safeguarding judicial justice and ensuring legal authority have also put forward new requirements for how judges,one of the subjects of judicial power,exercise their judicial power in the new round of judicial reform,and what kind of responsibilities they shoulder in the new stage of judicial reform.As the starting point of this paper's thinking and writing,through the horizontal theory of the existing literature,this paper puts forward the return of the existence of judicial power under the current judge's responsibility system,mainly from the trial responsibility to analyze the problem and solve the problem.In order to promote the independent operation of judicial power,so as to maintain judicial fairness and justice.