Study On The Problems And Perfection Of The Judicial Immunity System In Our Country

For thousands of years,we has been in the pursuit of social justice,the pursuit of fairness and justice of faith is eternal,and also it is this belief is constantly promote the development of the society.Zhuzi Yulu said evil and good is fair,the world is fair.Good and evil must have reward that is the most fundamental justice,the existence of law is to maintain the justice.But we should be clear that there is no absolute fairness and absolute justice,from the point of view of justice,a lot of unfair factors need judges to consider,the role of the judge is very important,so we asked the judge is natural justice and fair.We want to maintain the role,we must maintain this justice must be we need to fair treatment of the judges profession is constantly promoting the process of judicial system reform,legal responsibility for life in also go step by step implementation,for now the occurrence of justice in the judicial corruption has played a big warning and brake,and effective But from the judge point of view,this is largely increased the burden and pressure of the judge,the red light of the responsibility for life They will always be in the cases they try,and their careers will always be in jeopardy without safeguards,which is not the original intention of judicial reform.Judge the establishment of the liability exemption system,therefore,demand is very urgent,this article is to judge the exemption system is established to study the feasibility of,clear the future system into the path of development,in order to establish a perfect system of the judge system of exemption system in the first part of the article clarify the basic concept of immunity system and the legal basis for the exemption system has carried on the profound analysis;The second part is a profound analysis of the judge’s responsibility,clear the boundary between responsibility and immunity and the role of the judge’s disciplinary committee in judging the boundary.The third part is the description and analysis of the current situation of the development of China’s system,the judge immunity system is ultimately rooted in the soil of China’s legal system,the current situation of China’s legal system is the basis of the development of the system,based on the present can look into the future;The fourth part is the comparative analysis of the foreign laws.Compared with the western countries,China’s judicial immunity system started later.Correct absorption and reference of the relevant systems of the continental law system countries and the common law system countries will make the development of the judicial immunity system of our country less detours.The fifth part is to provide specific ideas and methods for the establishment of the judge immunity system in the future in China,from the system level and procedural aspects of the entity as well as the regulation of wrongful case investigation system put forward some ideas and suggestions.