Research On The Reform Of China’s Judicial Organization Case Responsibility System

For a long time, the phenomenon of trial separation has been existed in China’s courts. Because of the improper exercise of the administrative power of judicial supervision, it seriously hindered the independent exercise of the judicial power of the judicial organization, contrary to the basic law of the operation of the judicial power, and damages the judicial justice. In order to build in line with judicial rules of judicial operation mechanism, the Third Plenary Session of the party’s eighteen officially opened the trial organization handling the responsibility system reform, the meeting pointed out that the existing judicial committee institution reform, improve the presiding judge, the collegial panel case responsibility system, implement the "who investigators who is responsible for. The Supreme Court promulgated the outline four or five, the judicial responsibility of several opinions "guidance documents, within the scope of the national court implementation of judicial organization case responsibility system reform direction, establish the core position of jurisdiction, to further clarify the jurisdiction, the trial tube the relationship between physical power, trial supervision right. Improve and implement trial organization handling the responsibility, must adhere to the right and responsibility, the principle of interests are uniform, close to the judicial practice, the mining deep-seated reform from the system origin, bold exploration and innovation. The design ideas of the combination of reform, the author conducts research on beneficial.Based on our country’s judicial organization case responsibility system as the research Angle of view, for the sole Ren Ting, the collegial panel, judicial committee case responsibility system to explore the reality of the contradiction problem, dig deep restriction causes of the existing working responsibility system effective operation, to ensure judicial organization exercise the judicial power independently, in accordance with the construction of power and responsibility unified judge responsibility system, to carry out the judicial organization working responsibility, discusses our country judicial organization case responsibility system reform ideas. First, the theoretical interpretation of the judicial organization case responsibility system. Second, analysis of China’s judicial organization case accountability the reality of the contradiction and the reason, inspects the basic specification and pattern evolution, and the wrong case responsibility shall be investigated for responsibility and illegal trial mode for reflection, points out the disadvantages of each. Third, throughout the United States, France, Germany, Japan of the operation situation of judicial organization case responsibility system, from liability, liability agency procedures for use of the comparative analysis on road. Fourth, the reform of our country’s judicial organization case responsibility system is discussed in detail, put forward a series of fruitful reforms, aimed at changing the trial separation phenomenon, safeguard jurisdiction independence, so as to implement the responsibilities for the handling, achieve independence and fair trial. At the same time, the author also put forward a series of original ideas, such as inside the collegial panel to cancel the case promoter and fixed the presiding judge system, instead of the dean, President of case supervision and management, to establish a long-term mechanism of judicial committee hearing case, establish is given priority to with the judge misconduct responsibility mechanism, establish a fair judge disciplinary procedures, improve the judge impeachment proceedings, etc.