| The establishment and improvement of the judicial responsibility system is vividly called “the nose of an ox”,which means it is the key to the reform of the judicial system.When the People`s Court implements the spirit of judicial reform and further deepens the judicial responsibility system,the final foothold is in the judge.The improvement and perfection of the judicial responsibility system ultimately can not avoid the discussion of the judge responsibility system.To some extent,the success of refining the judge responsibility system is related to the success or failure of the judicial system reform.Taking five Frameworks of Five-year Judicial Reform for People’s Courts as main research material,this dissertation is divided into the following sections to analysis the judge’s responsibility system.In the introduction part,the research background,research object,research status and research methods of this paper are explained.The responsibility of judges is involved in the study of judicial responsibility and judge punishment due to the intersection of concepts,so these three topics are used as search keywords.The existing research results are divided into six aspects after classification and collation,analyzed separately,the controversial issues sorted out.It is found that there is a phenomenon of attaching importance to normative documents and neglecting policy documents in the current research content.Specifically speaking,there is a lack of professional research on the responsibility of judges in theoretical research and systematic between the various elements in the specific research on the judge responsibility system.When it comes to research methods,theoretical methods are more valued than practice research status.There is also a controversy between dualism and monism on the standard of liability determination.Therefore,this dissertation uses the legal text research method,comparative research method and empirical analysis method to make a systematic analysis of the judge responsibility system.The first chapter explains the basic issue of the judge responsibility system.The logical starting point of the judge responsibility system is clarified through explaining the internal demand of power restriction at the theoretical level and the phenomenon of judicial distrust at the social level.By setting the three functions of punishment function,standardizing the exercise function of judges and preventing extrajudicial interference,the basic expectation of judge responsibility system is defined.Comparing study of continental law system and common law system is used to provide reference.Then putting forward the judge’s responsibility system at the ought-to-be level,and extracts the five key elements of responsibility identification standard,responsibility subject,responsibility procedure,relief mechanism and responsibility exemption for analysis,as the criterion and comparison between and the judge`s responsibility system in China.The second chapter systematically analyzes five Frameworks of Five-year Judicial Reform for People’s Courts.Through the analysis and evaluation of the background and specific provisions,the relevant elements are extracted.The vertical comparison is carried out on the basis of horizontal comparison to find the path of relevant elements and the logic of the judge responsibility system reform and summarize current judge responsibility system.On basis of this model,achievements and the inadequacy of the reform,especially the logical dilemma that restricts the reform process can be fully explained.The third chapter is the review of the judge responsibility system in China.This chapter analyzes from the perspective of legislation and judicial practice to complete the examination of the system.On the one hand,the basic structure of Chinese system can be found out through analyzing the relevant normative document,analysis of the current legislative level of the legal system is not perfect,the standard of accountability function is limited,the court in the accountability process in the dominant position,the trial process of the separation of control and trial is not complete,the relief mechanism of the strong administrative color and the judge responsibility exemption system lack of six aspects of the internal defects.On the other hand,through the collection and analysis of accountability cases,it is found that there are three shortcomings in the specific application of the system : non-publicity of accountability,arbitrariness of responsibility and disorder of relevant legislation.The fourth chapter is the consummating path of the judge responsibility system.In this part,we have made perfect thinking for the present and the future respectively.Suggestions for the improvement of Chinese current national conditions could be proposed,combining the ought-to-be level of the judge responsibility system summarized in the first chapter and the logic of our country’s system construction analyzed in the second chapter with the unreasonable system exposed at the legislative and practical levels.The final part of the chapter puts forward what can be achieved in the future of judicial reform based on the ideal level and reform direction.In a word,this dissertation using the established criterion examines the judge responsibility system in five Frameworks of Five-year Judicial Reform,the perspective of legislation and judicial practice,which promotes the understanding of the judge responsibility system and puts forward targeted ideas on the standards of liability identification,the subject of accountability,the procedure of accountability,the relief mechanism and the elements of liability exemption. |
