Research On The Judge Exemption Liability System In China

As the lifeline of the rule of law,the justice of judicial activities plays an important leading role in social justice.To achieve judicial justice,we need to ensure that judges can be independent and impartial trial.The existing judge responsibility system can not play its due role and value in practice,the judicial responsibility system seems to be set up for investigating the judge’s responsibility,too much emphasis on the supervision and punishment of the judge,but ignore the corresponding rights and interests protection.Judges,as the people’s sheriff,bear more stringent responsibilities than the general civil servants,but the corresponding guarantee for the performance of their duties has not been implemented.In order to solve this problem and further improve the professional security system for judges,it is necessary to pay attention to the interests of judges,pay equal attention to rewards and punishments,give judges matching immunity from responsibility while conducting liability investigation,and establish a judicial immunity system in line with the characteristics of the judicial profession.Only by solving the improper accountability of judges in practice and clearly giving judges a certain degree of immunity,can we improve the enthusiasm of judges in trial,ensure the independence and impartiality of judges in judicial trial,and make judges impartially.There are many defects in the judicial liability system of our country,and the immunity of judicial liability is not established on the basis of the unity of power and responsibility,so there is no systematic and complete mechanism in the practice field.This paper discusses the necessity of the construction of the judge’s immunity system from two aspects of theory and practical basis,and corrects the improper concept and practical operation of the judge’s accountability in China’s current judicial practice.We should provide matching incentive resources in a way that can highlight the characteristics of the judge’s profession,and establish a liability exemption system that meets the needs of the judge’s profession.This paper introduces the "needs theory" perspective to study the establishment of the judge’s immunity system,and takes the satisfaction of the judge’s interest appeal as the focus of improving judicial credibility and independent trial,so as to break away from the dilemma of the management mode with punishment as the focus.Jump out of this dead end,to the existing management thought to reflect,with the incentive as the management means,to solve the present stage of our country judge incentive insufficient problem.On the basis of respecting the discretion of judges,the relationship between accountability and immunity should be balanced to safeguard the independence of judges in adjudicating according to law.Only by giving immunity to judges from the perspective of system design,can we fully mobilize the enthusiasm of judges and realize the mutual benefit and win-win situation of the incentive goal of judges’ personal interests and judicial justice.