Construction Of Judge Liability Waiver System

In recent years, China is seeing a large number of judges to leave or find another way out of the court, while some judges had suffered miscarriages of justice, others was dismissed even be held liable in the case. This phenomenon means that job security system in China court system is not perfect,the judges’ appointment and removal, benefits, responsibilities still need improve. Countries grant judges adequate job security is to ensure the independence of judge’s behavior, so that judicial activities of judges far away from any form of interference, and make impartial referee. How to protect the independence of judges? Constructthe responsibility of judges waiver system is the first and the most important thing.Except the introduction, this article is divided into four parts, a total of 35,000 words.The first part is "The Historical Evolution of Judge liability waiver regime." Mainly elaborated generation and development of the judge liability waiver system, Similarities and Differences Between judges liability exemption regime. Judge liability waiver system first appeared in the United Kingdom, but its production is not easy, it evolved from Roman judgeaccountability system. With the development and large-scale movement of colonial expansion of judicial independence, the system has gradually been accepted by the world. Through continuous transformation and change, different countries and regions have established a Judgeliability waiver system and has its own characteristics. Although the original intention of the establishment ensure the independence of judges, and thus the interests of justice and authority, countries in the specific content of judicial immunity limits and exemptions there are different requirements.The second part is "according to Judge liability exemption regime established." Mainly describes the relationship between the judge accountability system and the judge liability waiver system, legal reason and emotion reason behind the judge liability waiver system. The comparison studying of the judge accountability system. Judge system of accountability and responsibility of judges exemption system are not mutually exclusive and can coexist in a country’s judicial system. Judge liability waiver system can make up the judge accountability system and prevent it go to extreme, investigating the judge’s responsibility, while giving judges the appropriate security duties; the range of Judges liability waiver regime is not infinite, once judges behavior beyond the range will be subject to legal sanctions. Thus, the two system protect the independence of judges from the positive and negative constraints judge abuse angle.Because China has a small part of the legislation of a judge liability waiver, and as updated and improved legal environment and the concept of rule of law in our country, also together with the study of comparative law liability exemption regime for judges, the timing of the establishment of judge liability exemption regime is ripe coming.The third part is "The reason of lacking Judge liability waiver system and its consequences." Through sort out a variety of judge systems, we found there are various reasons make our country still lack of judges liability exemption regime and it possible consequences. The late 70 s of last century, the importance of the independence of the court trial has been concerned, but the law only emphasis the independence of the people’s court, notemphasis the individual judge independence. In this context, China’s substantive and procedural law are not to be provided safeguards for judge liability waiver system. Lack Judge liability waiver regime will inevitably lead to the judges lack of independent and professional pride and it is not good to the establishment of the authority of judge.The fourth part is "Reason of Judge Liability Exempt System", by strengthening legislation and establishing a scientific and effective judge liability waiver operation mechanism, strengthen the ranks of judges, this paper described the three aspects of the specific suggestions and commentsabout building Judge exemption system. China is in the transition period, all aspects of society are in constant change, innovation, many new social relations and social disputes began to appear. Since the legislation has a certain lag, judges face new social contradictions, only use practice experience and inner conviction to make the decision. At this time, if our law does not give the judge sufficient independence, the judges in the judicial activity inevitably indecisive, the referee must be subject to many interferenceobjective reasons, it is difficult to ensure that the objective and fair, if the judge is investigated liability, it is bad to the judge’s the sense of honor and self-esteem.Therefore, in order to protect the legitimate rights and achieve judicial independence and impartiality, the construction judge liability waiver system is imperative. First, clear principles and limits of liability exemption of judges, and write the judge liability exemption into the Constitution and some higher potency rank of the laws. After the completion of the implementation of the substantive law, we need to protect judges exemption in procedure law, the establishment of evaluation committee judges Intermediate in the interior court, itresponsible for dealing with cases related to the judge’s duty behavior. The jury of judges, prosecutors, lawyers, academics constitution, have elected to make the referees,this referees have the force of law. Finally, we must pay attention to judges’ quality and how to build the team and improve the entry threshold of judges, ensure judge accurate all applicable law. Judge liability waiver system is not a single, isolated system, it closely relate to judges’ responsibility system, judges’ access system, judges disciplinary system, judges welfare system. How to build a judge liability waiver system,while dispose other liability waiver system and the relationship between the judge system ? if these systems form a complete, cooperating judge security system, further promote the process of modernization of the law?it is a question worthy of further study.Judge liability waiver system is one of the hallmarks of modern country. The system related to whether a State judge have the independence of the jurisdiction, whether the judicial is independent, impartiality and whether the legitimate rights and interests of the people can be protected and. Judge liability waiver system produced in Westerncountries, it appears in the Western Judicial independence movement. So, we want to usethe strong Western Judicial Independence System into our judicial system, not only to study the internal mechanism of the judge liability waiver regime and compare judge liability waiver systems in different country, but also grasp the special development history of legal system and judicial operation syetem.