Research On Judge’s Procedural Liability Of The Civil Illegal Procedure

The traditional concept in our country that stresses the entity and belittles the procedure influence the legislation most which is embodied in the law provisions of the judge’s responsibility,our existing laws regulate judge’s illegal trial conduct from the entity of the responsibility,specific including the state liability,the judge’s civil liability,criminal liability and administrative responsibility.There are flaws as narrow scope and conditions fuzzy about the entity responsibility,resulting in most procedural illegal behavior which ignore the litigation rights abounds in the judicial practice.The article discusses only from the view of the civil procedure law,around the basic theory of the judge’s violation and liability,analyses problems about judge’s trial act and the defects existing in judge’s program illegal responsibility,and then put forward the system construction of judge’s program illegal responsibility.The present paper which has more than thirty thousand words is divided into three parts including preface,text and epilogue.The part of foreword introduces the illegal behavior of civil litigation and the existing problems about the judge procedure responsibility and the necessity of constructing the judge procedural responsibility.The text is divided into five parts.The first part summarizes judges’ violation in civil legal procedure.There is a detail definition of judges’ civil illegal behavior with the aid of the introduce bout its concept,cause,form and existing problems.Lists the performance form and harmful consequences of the judge program illegal behavior,highlight the necessity of investigating responsibility.The second part is about the concept and establish basis of responsibility of a judge civil procedural illegal behavior.Through introducing the subject,premise and content we can definite the connotation of the judge’s procedural responsibility;Then discusses the existing base and necessity of the judge’s procedural responsibility from multiple perspectives according the constitution,the legal and judicial practice.The third part makes a comparative analysis between the judge’s procedural responsibility and substantive responsibility.First explaining the rules of both two in legislation;Then it is pointed out of defects which exist in China’s procedural responsibility in the legislation and the practical application;Finally,according to the problems of substantive liability,we introduces the unique advantages of procedural responsibility compared with substantive liability.The fourth part is the bear elements of a judge’s procedural responsibility.The article makes a specific introduction about the elements from the responsibility main body,the responsibility of the stare-up procedure,causality and necessity.The fifth part discusses construction of the judge’s procedural responsibility.First introduces the situation of the judge’s procedural responsibility in our country’s legislation and judicial,draw of the problems exist in the judge’s procedural liability.Then proposes ideas according to the questions which including the added sound in legislation and the construction of the procedure of investigation in judicial practice.The epilogue part determines the importance and urgency of the judge’s procedural responsibility again on the basis of summing all texts,at the same time,it points out that only formulating and perfecting the corresponding litigation system can the advantage of judge procedural liability provisions work out.