On The Responsibility System Of Civil Trial Judges In The Perspective Of Responsibility And Rights

With the steady progress has been made in the deepening of comprehensive reform, the judicial system reform also has gone into a new stage. According to the "Fourth Five-Year Reform Outline of People’s Court" and the Third Plenary Session of the 18th Central Committee of the Communist prescribes "perfect the responsibility system of the presiding judges and collegiate bench, the judge as the referee make a verdict and responsible for the trial", setting up and improving the presiding judge responsibility system nationwide is the goal of theory and practice. In judicial practice, the presiding judge responsibility system has been carried out in the country. In actuality, it is certain that some places in our country has achieved a lot and made great progress in setting up and improving the presiding judge responsibility system, the development of the presiding judge responsibility system is still in a difficult position, it is not consistent with efficient、unified and orderly that our country’s judicial reform promotes. It is necessary to analysis the significance, necessity and feasibility of the presiding judge responsibility system, and provide a solid basis for the implementation of the presiding judge responsibility system in the country, based on analysis difficult problems in the progress of the presiding judge responsibility system establishment, resolve the problem from the perspective of liability, rights and interests. It has an important reality-oriented meaning.According to the research of each link and overall thinking, this article was divided into four partsThe first part defines the presiding judge responsibility system, definite the responsibility, professional roles, basic rights of the presiding judges from the perspectives of liability, rights and interests, then introduces the origin and connotation of the presiding judge responsibility system.The second part introduces the current status and problems of the presiding judge responsibility system. Firstly it describes the status of Shenzhen, Shandong and Shanghai courts. It describes the advantages of the presiding judge responsibility system but also analysis the problem in the progress of operation.The third part is the investigation and analysis of the presiding judge responsibility system abroad, though analysis the presiding judge responsibility system of the two law systems, by learning advanced experience in other countries and providing effective suggestions for our country, trying to perfect our country the presiding judge responsibility system operation..The fourth part: According to the previous demonstration and research, implement the Judges Jurisdiction is to clarify the responsibility of the judge, improve the supervision and learning mechanism of the judge, make the presiding judge responsibility system better.