Research On The Immunity System Of Judges’ Liability In China

The pursuit of fairness and justice is the eternal belief of our society,and the soul of law is to pursue justice.From the perspective of justice,judges are defenders of judicial justice.As the subject of law enforcement,in fact,it is difficult to achieve the ultimate fairness and justice.Therefore,the discretion of judges is the basis to ensure that judges can have a fair trial.As a result,the whole society respects judges and believes in the law.However,the problems of unjust,false and wrong cases and judicial injustice in practice have strengthened the development of the judge’s accountability system,but the system has gradually produced deviations in its operation.The overly strict accountability has made judges who perform their duties according to law often get convicted because of "judgments",and has seriously suppressed the judge’s enthusiasm for trial,which is not the original intention of judicial reform.Therefore,we need to try our best to ensure that judges no longer worry about their professional risks when exercising their powers,and strive to improve the exemption system of responsibility,so as to create a good trial environment for judges to independently exercise their jurisdiction.The article is divided into four parts: The first part is an overview of the exemption system of judges’ responsibility.It mainly involves the legal essence of the immunity of judges’ responsibility,and expounds the theoretical basis and practical significance of the immunity system.The second part mainly describes the existing problems of the judge’s responsibility exemption system.Using the method of empirical analysis,it investigates and counts 15 cases of judges being held accountable for wrong cases,as well as different criteria for defining wrong cases by various courts and power organs.The reasons and results of accountability in 15 cases show that the reasons for judges to assume responsibility are social public opinion factors besides the absence of a unified standard for defining wrong cases Interference of power factors.This shows that the mechanism of investigating the responsibility for wrong cases in the context of the reform of the judicial responsibility system is biased in practice,which goes against the original intention of the judicial reform.At the same time,the lack of procedures for the immunity of judges from responsibility and the extensive administration of the immunity trial mechanism have seriously hindered the development of the immunity from responsibility system.The third part mainly studies the outstanding experience of foreign countries on this system,examines the legal systems of Britain,the United States,Germany,Italy and Japan,and extracts the improvement measures that can be used for reference by China from the aspects of exemption principles,exemption procedures,etc.The fourth part mainly puts forward the idea of improving the system of liability exemption.Mainly from the two perspectives of entity and procedure,this paper tries to standardize the system of immunity from responsibility of judges.In substance,the judgment standards of intent and gross negligence,which have been puzzling theoretical and practical problems for a long time,can be combined with the application of artificial intelligence in judicial adjudication to realize the objectification of judgment.Procedurally,a neutral third-party judge evaluation committee is set up as an independent investigation organ to be responsible for the investigation,adjudication and relief of exemption cases,thus forming an entity based and procedural exemption system for judges.