Research On The Accountability Investigation Of Judges And Exemptions

The judge immunity system is the judge’s professional privilege security system,it is to point to the judge in the executive judicial trial functions in the process of the implementation of the speech and behavior are not affected by charges shall be prosecuted according to law or the right,as well as for the administer justice function related affairs,enjoy the privilege of testifies from duty.The establishment of the judge immunity is to ensure that the judge completely independently to perform the trial function,and within a reasonable limit has some kind of outer and inner freedom.But of course the judge of this right should be restricted.In the trial process,If the judge appear misconduct or other beyond the law behavior,the judge shall bear corresponding responsibility for its behavior.Justice is the eternal topic.In order to guarantee judicial justice,we established a strict judge responsibility system in our country.However we found that the judge responsibility system in the judicial practice of the actual effect and set up a goal back.To some extent,not only restrict the judge did no deterrent effect,makes the judge stressed,influence the enthusiasm of the judge handling the case,which damage the independence of the judicature and legal authority.Therefore,in order to guarantee the judge to get rid of the bad influence of the outside world,real exercise their respective powers independently in accordance with the law,realize the judicial justice,judge the establishment of the liability exemption system is imperative.Our country also should judge liability exemption system in foreign countries as a reference on the basis of creating the judge liability exemption system suitable to China’s basic national conditions.This article altogether is divided into three parts.In this paper there is a brief introduction to zhao zuohai case。The first part of this article analyzed the zhao zuohai case in detail.In this part,the author from zhao zuohai case way of subject,shall be investigated for according to,shall be investigated for responsibility,and carries on the analysis results and the social effect and concluded that this case is undoubtedly a wrong case,but wrong is not necessarily caused by the judge,the judge does not necessarily have to be responsible for wrong conclusions.The second part is our country judge responsibility system status quo and the thinking caused by country judge responsibility system.Although the judge accountability system have certain positive role in the early days,but in view of the institutional defects and improper in the practice of carrying out,but to a certain extent,it hampered the judicial independence in a certain extent.So this is obviously not desirable.So in the current our country litigation rules still is not perfected and the judge quality need to improve,We should overdo,reform of our country’s system of criminal misjudged cases,judges the exemption system.The third part is to judge the liability exemption system build.The author to judge exemption connotation,classification,characteristics are summarized,the judge liability exemption system historical evolution of the system this paper.As reflected in zhao zuohai cases,The judge system of criminal misjudged cases did not have the effect of expectations.Instead highlights the judge the necessity of exemption system is established.The author to judge the necessity and feasibility of responsibility exemption is analyzed.Justification for the establishment of the exemption system of the judge in our country.The judge exemption system can procet the judge from the risk of unpredictable and truly realize the judicial independence.But at present the judge exemption rules in our country are legal basis and legal effect obviously deficiencies.So by the National People’s Congress has rich content,detailed program specification,strong operability of judge liability exemption legislation,establish reasonable moderate in our country judge the exemption system is imperative.Conclusion part of this paper is on the basis of summary of full text.The author expect through perfecting the judge exemption system,can ensure that independently perform the functions of a judge,in turn,safeguard judicial justice and authority of law,to speed up the construction in our country "country under the rule of law" the grand goal.