The Exercise Of Judicial Authority Under The Judicial Responsibility System

Gap as judicial reform of judicial system,not only requires the judiciary legitimately exercise their functions and powers according to law,and bear the responsibility when the illegal exercise their functions and powers,both to "decentralization" and "responsible".Under the background of deepening the reform of the judicial reform,in 2015,the supreme people's court issued a "about some advice to perfect the people's court judicial responsibility system",the general office of the central committee of the communist party of China,in 2016,the state council general office issued "the protection of the judicial personnel shall perform their statutory duties" notice,This to change the phenomenon of "trial separation",to carry out the judicial system,consummating the system of judge authority,ensure that independently exercise the authority of the judges have a certain role in promoting,but there are still some problems have been widely criticized.Practice,first of all interference judge independently exercise their powers and authorities of office of the biggest obstacle to come from inside the court,the judicial power operation mechanism security administration problems,outstanding performance for case approval system of flood limit judge independent exercise of jurisdiction,the power of the judicial committee to expand lead to unclear responsibilities and performance evaluation system of transfer of the judge to exercise the functions and powers of focus,and so on questions.Second,the judge of the limitation of liability system also hampering judicial responsibility system implementation,such as the judge's mad in the form of accountability blindly expand the scope of liability,accountability procedures of security administration exploited the judge's appeal right,light weight results behavior violated the law of judicial accountability standards.Finally,the most important thing is that the judges' respective powers of authority are still flawed,and there is no legal requirement for a responsible waiver system that is close to the judge.Realizing the unity of "accrual" is to carry out the difficult point of judicial system,research on this question,the analysis reason,not only to adhere to the principle of people's sovereignty theory,the independence of the judicature,to do more responsibility and punishment fairly,responsibility and security.Dean through the case for examination and approval system,the reform of the judicial committee system,performance evaluation system,the judge responsibility main body,shall be investigated for procedures,shall be investigated for standard refactoring,judge status,salary,the improvement of the safety guarantee system and the establishment of the liability exemption mechanism,hope to ensure judge authority exercise,implement the judicial accountability system,realize the unification of power and responsibility provides a useful reference.