Research On Judicial Responsibility System Of Judges With Chinese Characterestics

In the past twenty years,the reform focuses on the reform of judicial system from procedural and evidentiary rules to the reform of judicial system,and then to the reform of today's judicial system.Judicial responsibility system as the most important,carries the success and failure of this round of judicial reform in the new round of judicial reform.The reform of judicial responsibility system in our country separatethe key points and difficulties of the reform from each other by two logical main lines: "judging by the judge,making the referee assume responsibility ",and the structural reform by big knifeto a smoothly and orderly way.First of all,it starts with the reform of the judicial power system,the reform of the operation of the judicial power,the reform of the judicial supervision and management system,and the establishment of the unified management system of the people's wealth and property at the provincial level in "judging by the adjudicator".The discussion on the establishment of the judge's disciplinary system and the judge's guarantee system has been initiated from the life-long accountability mechanism in "the responsibility of the judge".It can be seen that the judicial responsibility system is a multi-valued responsibility system,which includes both the restriction mechanism of power-responsibility and the safeguard mechanism of responsibility-right.In the process of judicial reform in the early stage,both theorists and judicial practitioners have played an active role in exploring,putforward a lot of new ideas in theory,and tried many new models in practice.We have achieved fruitful results in pushing forward the reform.Of course,the universality of contradictions is always pervasive,in the process of reform also exposed a lot of problems.For example,paying too much attention to the accountability system and neglecting the construction of the safeguard system,the vertical leadership relationship of the administration of the upper and lower courts affects the independence of the adjudication level,the unified supervision of human wealth and property and the appointment and removal of the local people's congresses to the courts at the same level,etc.In the course of research on judicial responsibility system,it takes the social nature and political system of our country as the foothold,takes the development of ancient judicial responsibility as the source of experience,and takes the related system of foreign countries as the theoretical reference.By analyzing the difficulties and causes of the reform of judicial responsibility system in China,this paper tries to put forward a tentative idea of a system of judges' responsibility,which is relatively complete and logical,which is in line with the present situation of China's development and has a promising character at the same time.Seeking a way out for the predicament of the reform of judicial responsibility system in our country.