Research On The Judicial Responsibility Immunity Of Judges In China

Under the strict implementation of the requirements of "full implementation of the judicial responsibility system",the system of investigating judges' responsibilities has gradually become mainstream,but the relevant professional guarantees for judges have not followed suit.On the one hand,judges can be severely held accountable;on the other hand,judges have unsecured rights in their hands,which will put judges in an awkward situation when performing their duties,and even in a negative state of work.Judging from the empirical investigation,due to the lack of supporting exemption regulations,many judges are more than being held accountable and their remedy rights are largely missing,reflecting the current wandering state between "wrong" and "non-wrong" in the determination of wrong cases."Criminalization" and "criminalization" also have great operating space.Many problems exposed in the process of judges being held accountable and exempted indicate that the judicial immunity system of judges in my country as a whole is still a new undertaking.The absence of an exemption system makes it difficult to effectively guarantee the rights of judges,and it is difficult to achieve judicial justice and independence.Therefore,balancing the judicial responsibility of judges and the guarantee of performance of duties is an urgent task in the new judicial era.Through the study of the judicial responsibility system of judges,a judicial immunity system matching it is constructed,which is conducive to making the trial power operation mechanism better and judicial The adaptation of order provides a scientific development path for judicial reform.This article intends to analyze the aforementioned issues from the following aspects: The introduction part will introduce the judicial immunity of judges from a macro perspective,including an investigation of the background,current status and value of the research of this article,and the conclusions and possible innovations of this article The conclusion of the lack.The first part introduces the meaning and characteristics of judges' judicial liability immunity,and then analyzes the theoretical basis and practical value.The second part through the integration of existing laws,normative documents and other provisions,combined with empirical cases to investigate the status quo of judges' judicial responsibility exemption operation,leading to its theoretical,institutional and practical difficulties.Given that eachcountry has its own characteristics in terms of specific legal regulations and implementation,the third part takes this research into consideration in the international environment.The fourth part summarizes the viewpoints of the first three parts.From the perspective of judicial accountability and the limits of immunity,starting from the concept of establishing judicial immunity of judges,and rebuilding the foundation in law and procedure,it proposes reasonable application of judicial immunity of judges in China.Suggest.