The Reconstruction Of Judge Misjudgments Accountability System In The Perspective Of Judicial Responsibility

Retrospecting Chinese judicial culture,the judicial power of our country has always been used prudently.During the Western Zhou period,if the judges bend the law for the benefits of relatives or friends,the judges were punished together.Moreover,the Third Plenary Session of the 18 th Central Committee of the Communist Party of China put forward the Judicial Accountability Systems a "key" to lead a new round of reform of the judicial system.Under the background of the current judicial reform that takes into account judicial responsibility and judge management,the responsibility of misjudged cases is the focus of judicial investigation,and the system of accountability for misjudged cases becomes the key system for clarifying the powers and responsibilities of judges.China's Misjudgments Accountability is initially applied to the court system.It is an internal supervision and punishment system for state organs to investigate the illegal administrative and judicial responsibilities of public servants.The original intention of the Misjudgments Accountability is to regulate the judgment of the judges,rather than correcting the misjudged cases.Therefore,this paper takes into account both the behavior of judges and judicial responsibility,analyzes the current situation and problems of the China's Misjudgments Accountability,and questions the development and reconstruction direction of the Judge Misjudgments Accountability.This research has practical needs for solving the reality that China has not yet formed a perfect system of misconduct,and it also helps to steadily advance the process of judicial reform in China.By combing the historical evolution of the accountability system for misjudged cases and analyzing the current situation of the system of Misjudgments Accountability,the author finds that the main problem of the Misjudgments Accountabilities that the standards of accountability are not clear and the system is not perfect.Based on the existing policy documents and theoretical research,this paper starts with the question of determining the criteria for judging the misjudgment of judges.Then it distinguishes the types of wrong cases,analyzes the characteristics of criminal,civil and administrative misjudged cases,and breaks through the limitations of the existing misjudged research.In rebuilding the system of accountability for misjudged cases,the author believes that it can be started from both the entity and the program.On the physical side,determine the legal rank of the accountability system for wrong cases,clarify the object of accountability,and consider granting the judge a certain wrongful liability for wrongful cases.In terms of procedures,a systematic system of accountability is established in the order of initiation,investigation,decision,and supervision,thus forming a system of accountability for errors in the entity's well-documented procedures.At present,although the wrongful case has not yet formed a clear and standardized specific method,it is worthy of recognition that the pace of reform of the accountability system for wrong cases has gradually advanced,and the number of judicial and policy documents that mention the responsibility for improving misjudged cases has gradually increased.These are all wrong cases.The improvement and reconstruction of the accountability system provides specific evidence and ideas.