A Study On The Responsibility System Of Judges In China

Under the spiritual guidance of the Nineteenth Congress,taking the judicial responsibility system as the core,focus on trial team formation,taking the court rank optimization for the guarantee,supported by judges’ occupational security,taking education and training as a boost for opening a new round of judicial reform.The judicial responsibility system plays an important role in safeguarding judicial justice,expanding judicial democracy,optimizing the allocation of judicial power.Judges as the core subject of justice,reform of judges’ responsibility is the priority among priorities of judicial responsibility system.It can be seen from the research on the responsibility system of judges for many years,the characterization and accountability of the accountability system of judges is not yet finalized,improper connection between the judge responsibility system and the judge post system,slow legislation,lifelong responsibility for the quality of cases has conflict with criminal law provisions,lack of job security for judges need to be solved.The judge’s system of accountability probably goes through accountability for wrong cases,illegal trial responsibility system and accountability of judges on narrow sense three phases.The accountability model shifts from responsibility for "outcome centrality" to"responsibility for conduct "and then to "mixed accountability model".As the mixing pattern takes shape,the accountability criteria became all-round.Elements under the wrong case accountability system make it necessary to make a wrong result,taking into account subjective malignancy,including "intention + judgment error" or "negligence + judgment error".It’s highly dependent on subjective judgment,but with the limited subjective judgment skills,the whole process is deeply influenced by the fuzziness of subjective judgment,finally lead to the emergence of dissimilation resulting in the pattern of imputation.Illegal trial behavior is necessary for the system of responsibility for illegal trial,the element composition is "intention + illegal conduct" or "negligence + illegal conduct + grave consequence",and judgment error is just an additional element.It’s initiated by the supreme people’s court,so ithas poor grass roots.Under the judge’s responsibility system,the constituent elements are transformed into both.it is "subjective fault + illegal conduct" or "culpable negligence +judgment error + grave consequence".It fully absorbed the proper core of both,it is scientific and reasonable.Immunity of extraterritorial judges has unbreakable internal logic with the judge’s disciplinary system.However,there is no judicial environment in china for the privileged immunity of judges,protection of judges’ rights and interests,relief for discharge duty,vocational ethical responsibility in china should go our own way.The judge’s responsibility system serves as a sword it adopts a negative "reverse approach",it should be used as "a last resort".We must emphasize the extreme importance of the positive guidance of ethical responsibility,achieving moral inclusion."Let the judge judge,the judge is responsible" the classic expression of the judicial responsibility system reform,in terms of empowerment and imputation,combining the theory and practice.This paper applies comparative analysis and empirical research to comb the historical context of the responsibility system of judges in china,development trends and current hot issues.Advocating uniform national legislation;properly handle the conflict between the case quality life-long accountability and the provisions of criminal law;Adhere to the de-administration in the field of judge responsibility;Addressing the separation problem of responsibility under the post system;implementing positive incentive and protection of interests for the system of judicial responsibility.