On The Judge Responsibility System

Judge liability system is an important content of current China’s judicial reform and a popular issues concerned by the legal science and legal practice. It is a system to make the judge bear corresponding liability for their actions. The judge behavior legitimacy theory, the judicial independence principle and the principle of parity of authority and responsibility are legal basis of liability system of judge. To implement the judge liability system, there are two aspects:the judge liability distribution system and the judge liability system. Judge liability distribution system is the premise to judge liability system, and the judge liability system is extension of judge liability distribution system. According to own responsibility principle, combining collective responsibility with the individual responsibility and fault liability principle, it shall separate liability subject and scope in view of the judge, members of the collegial panel, the presiding judge, judge committee and the court. On the basis of clear liability, it is possible to determine the main body, procedures, standards and liability forms of judge liability system, so as to build a scientific and reasonable one. Based on the complexity of judge liability system, especially lack of consensus on standard problem of judge liability system so far, it is necessary to draw lessons from foreign experience to set up judge liability system both with Chinese characteristics and judicial rules. To establish and implement the judge liability system is not just about supervising judges’ judicial practices to guarantee the judicial justice, but also it is the premise of judge professional security system. Therefore, to establish the judge liability exemption system becomes important condition of correct implementation of judge liability system.