Research On Judge Immunity System Under The Background Of Judicial Responsibility System

The promulgation of a series of legal documents on the reform of judicial responsibility system opened the prelude of a new round of judicial reform.The most important part of this judicial reform is the judicial responsibility system.Its main contents include three aspects: first,the "adjudicator's judgment" requires the adjudicator to directly adjudicate and clarifies the allocation of powers and powers of judicial personnel;second,the "adjudicator's responsibility".After the adjudicator exercises the judicial power granted by the state to adjudicate a case,of course,he needs to be responsible for the result of the judgment,and he has the right to be responsible and responsible.The third is that as long as there is a wrong case,we should start the procedure of investigating the responsibility of illegal trial,and the judge should bear the responsibility for life.The purpose of the reform is to ensure that judges can exercise their judicial power independently and impartially according to law,and ultimately achieve judicial justice.Therefore,the judicial responsibility system also provides for the reasons why judges are exempted from liability.However,in the process of practice,it seems that the judicial responsibility system is simply attributed to the investigation of misjudged cases.There are some problems,such as unclear boundaries of powers and responsibilities,chaotic ways of accountability,and generalization of judges' responsibilities.In order to avoid occupational risks,judges dare not hear cases independently,but violate the original intention of judicial responsibility system reform.Therefore,while requiring judges to take responsibility,we should not neglect the immunity system matching the accountability of judges.Improving the immunity system of judges and granting them certain immunity can reduce the professional risk of judges,guarantee judges' independent adjudication under relatively free judicial circumstances,and realize judicial justice.When studying the immunity system of judges,the first one is the immunity system of judges in Western countries.The system of immunity of judges originated in Britain,developed further in the United States,and was finally widely accepted and recognized by the international community.Taking the immunity system of judges in Britain,the United States,Germany and Italy as the research object,this paper summarizes the basic contents of the immunity system of judges and the immunity system of judges through comparative analysis,which has important reference significance for the improvement of the immunity system of judges in China.Secondly,it studies the immunity system of judges in our country.The immunity system of judges in our country mainly stipulates that in the Judges Law,the State Compensation Law and the documents issued by the Supreme People's Court,the legal provisions are vague and general,and there are some deficiencies in legislation.In practice,too much attention is paid to the accountability of judges,and the immunity enjoyed by judges lacks procedural protection.Dialectical analysis of the relationship between the judicial responsibility system and the immunity system of judges in China,the ultimate goal of both is to achieve judicial justice,can coexist,should not produce contradictions.Finally,it analyses the necessity of perfecting the immunity system of judges in our country,and puts forward that the immunity of judges must be clearly stipulated in the special chapter of the Judges Law.The specific content of the immunity system for judges should be clarified as follows: judges with state jurisdiction are the subject of immunity;the object of immunity should be the judicial duty of judges;the scope of immunity should include civil liability,criminal liability and administrative liability.As long as the acts of judges are legitimate and the interests of the parties are damaged by their functions,judges can not bear civil compensation,and judges can not rely on them.Acts of performing their duties by law are subject to internal administrative sanctions and criminal prosecution,and the principle of relative immunity is adopted for the immunity of judges.It provides some ideas on how to improve the immunity system of judges in China.