On The Application Of Judicial Accountability System In China

Judicial personnel,as a group of professional legal staff who implement judicial impartiality in China,should stick to the rule of law,which is their natural obligation and responsibility.Therefore,how to ensure the judicial personnel's fairness and credibility to exercise this responsibility and obligation is a major difficulty in the investigation of judicial responsibility in China,which is related to whether the judicial reform can be smoothly promoted and achieve the expected results.The judicial accountability system is responsible for the investigation of the responsibility of those responsible for the violation of laws and regulations.It mainly includes the person in charge,accountability agency,accountability standard and accountability procedure.The design of judicial accountability system is reasonable and operational mechanism is standardized and smooth,which directly affect the lofty image of judicial personnel,as well as affect the realization of social fairness and justice and the progress of the country's rule of law.From the perspective of dialectics,although China already had relevant laws on the judicial accountability,it has also achieved many results,but many applicable issues need to be further revised and improved in the accountability agency,accountability standard,and accountability procedure.These problems are directly related to the implementation of the judicial accountability system in China,and even affects the realization of judicial fairness.The main body of accountability is the accountability agency that investigates the responsibility of judicial personnel.The main subject of responsibility in China is the discipline inspection and supervision department within the Judiciary,the local people's congress standing committee and the judicial disciplinary committee,which embody the internal and external supervision and reconciliation mechanism.However,due to the lack of provisions of the independent operation mechanism of the judiciary and the administration of judicial power,which lead to the problem of judicial localization and unclear rights and responsibilities,the subject of responsibility has lost the right to judicial power.In order to complete the accountability agency,it should be adhered to the principle of responsibility,clarified the division of rights and functions between the responsible subjects,and perfected the judicial disciplinary committee,fundamentally transform the main body of recourse to follow the administrative logic to follow the direction of judicial logic.The investigation of judicial responsibility is the basic criterion that needs to be adhered to in the process of system design and application of judicial personnel accountability,and it is a measure of behavior for investigating the responsibility of judicial personnel.Due to the inadequacy of the existing legislative provisions,the deviation of judicial personnel's understanding of the legal understanding and the new situation of the case,the problem of reproaching in practice and the generalization of the standard of responsibility are serious.Therefore,it is necessary to improve the legislation and clarify the cause of recourse.In terms of the cause of liability exemption,the responsibility is determined,and the standard of responsibility is changed from the wrong approach of result attribution to subjective fault and objective behavior.After defining the subject of responsibility and the cause of recourse,the most important thing is how to implement the relevant regulations,that is,how to make judicial accountability work effectively after formulating relevant systems.In this way,the fair of accountability is in line with the provisions and spirit of the relevant judicial accountability system,which make the person who has nothing to do with the case exempt from involvement.Judging from the current stage of filing,trial and relief of judicial accountability in China,there is serious problems of the accountability process,which makes the effectiveness of the accountability greatly reduced,and has been questioned by the public.It violated the Sunshine Justice.Sticking to the problem orientation,China should learn from the beneficial experience of American judicial personnel punishment procedures under the existing institutional framework,adhere to the requirements of open procedures,and make up for the problems in the procedures from the two aspects of open accountability process and scientific establishment of accountability procedures.In a word,the revision and improvement of the judicial accountability system is not a one-off event,which involves the re-arrangement or integration of the interests of all parties.It is necessary to firmly adhere to the core of the law governing the operation of judicial power,and draw on the usefulness of reforms in the modern Western countries and Hong Kong in China,and constantly improve them so that they can play their part in the system.