Research On The Responsibility System Of The Presiding Judge Under The Background Of Judicial Reform

Judicial responsibility system has always been regarded as the "bull’s nose" of judicial reform,which plays an important role in the whole body.After the 18 th National Congress of the Communist Party of China,as an important part of the judicial responsibility system,the responsibility system of the presiding judge has returned to the public’s vision,once becoming a hot topic.In recent years,as a key measure to promote fair justice,the responsibility system of the presiding judge has achieved good results in practice,and the judicial concept of "let the judge judge,let the judge be responsible" has been gradually promoted.At present,the pace of judicial reform in China has stepped into the "deep water area",and various inadaptable situations and problems have gradually emerged.The responsibility system of the presiding judge has also shown a lot of discomfort in practice.For the study of the responsibility system of the presiding judge,we should be able to clarify the concepts related to the system,clarify the core content of the system construction,build a scientific and reasonable responsibility system of the presiding judge from the theoretical level,and put it into practice better.There is no lack of research and Discussion on this issue in the academic circle,but the discussion results generally stay in the too macro system overview and not comprehensive concept interpretation,and lack of a unified definition of many concepts in the responsibility system of the presiding judge.Therefore,the starting point of the responsibility system of the presiding judge is the meaning of the responsibility system of the presiding judge and the presiding judge.The role orientation of the presiding judge from the three perspectives of "fact determiner","law applicator" and "moral leader" can make it more in line with the expectations of the public,and can also provide reasonable arguments for the rights and responsibilities it should enjoy.The key concepts advocated in the new round of judicial reform,such as "the independence of judges","the unity of power and responsibility" and "judicial efficiency",provide the legal basis for the establishment of the responsibility system of the presiding judge,which makes it reasonable.If we want to build a scientific and reasonable responsibility system of the presiding judge,we should start from three dimensions of "power responsibility right".Among them,power should be one of the forms of state power,and responsibility can be divided into three kinds: cognitive responsibility,identity responsibility and moral responsibility,which also correspond to the role of the presiding judge,while right is a kind of immunity and relief right Unified.At present,whether from the perspective of normative documents or from the perspective of judicial practice,the operation of the responsibility system of the presiding judge in China is in a state to be improved.There are problems such as the lack of guarantee of the actual status of the presiding judge,the lack of a comprehensive system of accountability within the system,and the lack of a reasonable design of relevant systems.In the future practice development,we should take the selection examination Nuclear and other aspects to protect the real status of the presiding judge,build a standard system of responsibility identification with "misconduct" as the core standard,supplemented by "fault standard" and "wrong case result" as the supplement,and build a judicial judge responsibility investigation procedure.Therefore,we can really build a multi value and rich content system of the responsibility of the presiding judge.