Study On The Responsibility Of Judge Handling System In China

The responsibility of judge handling system advocates the judges according to their own rational and legal knowledge,regardless of other external factors,to make objective judgment.Judge to guarantee judicial justice is one of the main content of the professional ethics,a judge of justice,including entity justice and procedure justice.The judge case responsibility system under the regulation of responsibility shall be investigated by a judge,attaches great importance to the case in accordance with the procedures.The judge case responsibility system from the entity and procedure to solve "reviewer is not found,urteiler not carefull" problems,realize judicial justice.Judge case responsibility system has been clear about the limits of power of judge and responsibilities,to the judge,the collegial panel,redefining the relationship between the judicial committee,abolished the dean,the chief judge of the examination and approval system,set up the professional team of trial,let the President,the President to participate in a line,and improve the efficiency of the trial.Starting from the three modes of responsibility of the judge handling responsibility system,the Judge Selection Committee confirms the selection of the judge,the independent judgment and the corresponding responsibility.Responsibility of Judge responsibility system as a unified system of authority and responsibility,clarified the main qualification requirements of the system of judicial responsibility to determine the scope of the powers and responsibilities of judges to improve the issue of the right and responsibility of the judges and the issue of accountability,help achieve judicial independence,justice and improve the trial quality and efficiency of the case.Based on the status quo of the present system of responsibility of the judge handling system,the local courts,in order to cooperate with the implementation of the system of investigating the case responsibility,reform the operation mechanism of the judicial power and give the judges the power to strengthen the judge's responsibility.However,there are still many problems in the system of judge's responsibility.For example,in the selection of judges,the selection criteria of judges are ambiguous.The elective system is not unified.The management of judges is serious and the attachment of administration is serious.Judges who do not enter the posts,and how to divert to protect the court personnel from the loss are the question elected management system can not avoid.It's too mechanized that Judge for the quality of the case and the daily work of the assessment depend entirely on indicators.On the trial mechanism,the collegiate panel is solid and independent and collegial panel joint responsibility system is in name only.Judicial Committee as a discussion agency of difficult and complex cases,has become haven for the judge and collegiate panel to avoid their own risk.This is mainly because of a serious tendency of the administration of the composition of the judicial committee,the unknown scope of the discussion of the case,unclear regulations of discussion,thus can not be set to try to set the original intention of the Committee.For the responsibility of the judge handling the case,there is no clear scope and standards of prosecution,so prosecution of discipline inspection departments to monitor the process becomes an important part.Compared with situation in the western countries that the judge responsibility system and the judge service system supplement each other,our country lacks the perfect judge service guarantee system.In order to perfect the existing the responsibility of judge handing system,we will select elite judge with rich trial experience.Judge assistant can share judges'non-trial affairs,and judge judge's business flexibly.In order to achieve the collegiate bench common responsibility system,the establishment of a fixed collegial panel,members of the collegial panel back to their respective roles,The Judicial Committee has become an indispensable part of the court organization from the 1954 Organic Law of the People's Court,which stipulates that the judicial committee system should be set up and run by courts throughout the country.Judges who have rich experience in trial should be included in the members of the judicial committee,and a case selection system should be set up before the case entering into the judicial committee,in view of setting up a judge's meeting in Jiangyin City of Jiangsu Province to select cases for the judicial committee.The scope of cases discussed by the Judicial Committee should be limited by the criteria of the guidance cases so as to ensure that cases entering into the Trial Committee may become cases of directive significance in similar cases.To change the rules of the trial committee,when making the case report the judge also transfers the case file and the case report content must be detailed introduction to the case as well as improve the quality of the decision,which detail the judges,collegial panel,the trial committee and other types of personnel responsibilities,and clarify the judges and other members of the collegial bench between the responsibilities.The judge decides the substantive and procedural matters prior before entering the collegial panel discussion and the judge is accountable for the objectivity and comprehensiveness of the case presentation in the collegial panel discussion of the case.Judge of the standard of responsibility,should be based on the judge's law and discipline to make judgments,and combined with the subjective aspects of the judge to determine.In order to perfect the internal supervision mechanism of the court,the internal supervision mechanism of the court can be systematized,and divided into complaint suggestion institution,supervisory organization,prosecution organization and staff with corresponding legal background.For the tenure of judges,the practice of tenure can not match with the quality of judges in our country.Judges' tenure system should be adopted instead of the twelve judges by using the level of judges at the court level.This can break the judge administration hierarchy and protect the independence of judges and the stability of judges at all levels.