Research On The Criminal Accountability System Of Judges Under Judicial Accountability

The criminal accountability system set up for judicial officials in the period of "China" has a long history,from the ancient provisions of "five over","the crime of access to people" and so on to the modern wrong case accountability mechanism to the new era under the judicial responsibility system of illegal accountability trial investigation,experienced continuous and innovative,the introduction of each system,There is no shortage of theoretical research and practical experience accumulation.Since the judicial reform,the scope of application,the exemption cause and the documentation procedure of the judge's liability for illegal trial are specified in detail in the Opinions on Perfecting the Judicial Responsibility System of the People's Court,and the criminal accountability system of judges can be regulated to a certain extent.In today's judicial responsibility system,the establishment of criminal accountability system for judges is an important means to safeguard judicial justice,is to ensure that judges in accordance with the law norms of the system norms,but also the unified principle of rights and responsibilities of the inevitable requirements.Of course,there are still a series of defects and disadvantages in the framework of the criminal system of judges constructed only by the provisions of the Opinions.The criminal offense of the judge requires the court to be standardized,which is manifested in the uncertainty of the standard of criminalization and the dispute over whether the statute of limitations rules for criminal proceedings is applicable.The investigation procedure to be carried out by the judge's criminal method also needs to be perfected,although the judge's order committee is the subject of examination in the newly promulgated Judge's Law,the relevant procedure has yet to be set up in a comprehensive manner,and the remedy system for the judge concerned has yet to be implemented.The judicial facilities of the judge's criminal system have not yet been established,the judicial independence has not yet been fully formed,the protection of the professional treatment of judges has not been significantly improved,and the study of "No" has been established.In view of the above-mentioned problems,it is very necessary to study the relevant system of extraterritoriality,especially the monism of the Anglo-American order system and the German law,the dualism of the order system,and the understanding and analysis of disciplinary organization in each country,as well as the disciplinary procedures of each country,and at the same time,the long-standing exemption of the United States to deal with the development.Through the thinking of the current system defects and the study and reference of extraterritorial experience,it is helpful to promote the establishment and perfection of the criminal accountability system of judges under the judicial responsibility system.In particular,in terms of substantive rules,the criminal accountability of judges must adhere to the principle of unity of the principal,follow the rules of limitation of criminal proceedings,and further and free of exemption of absolute persons;Improve the professional treatment of judges,establish and improve supporting supervision.