The Construction Of The Exemption System Of Judge’s Responsibility

In recent years,with the widespread spread of the Internet,cases where similar judges such as Li Moumou and Humou have been held accountable have gradually entered the public’s field of vision,which has also aroused social concern and public discussion.The independent exercise of judicial power by judges is a key step in achieving judicial justice.The occurrence of similar cases of judges being held accountable due to judicial injustice has caused a serious blow to the judicial credibility of our country.As the pressure on judges to handle cases increases,so do the responsibilities and obligations of judges.The system of immunity of judges provides professional protection for judges,which can guarantee the independent trial of judges and safeguard judicial justice.The construction of the accountability system for judges is to urge the judges to exercise their powers to ensure the authority of the judiciary,so as to achieve judicial justice.Therefore,there is no contradiction between the immunity of judges and the system of accountability,and they are consistent in achieving the goal of judicial justice.The Law on Judges,which came into effect on October 1,2019,has added provisions to protect the rights and interests of judges.This means that the construction of a system of immunity from judges’ responsibility is in line with the trend of judicial reform in my country.This article is mainly divided into three parts.First,through the discussion of the issues reflected in the three cases,the three legal issues involved in the case are summarized.Second,the status,necessity and feasibility of the existence of the judge’s liability exemption system are explained..Finally,combined with my country’s national conditions,it puts forward a proposal to construct a system of immunity of judges’ responsibility in my country.In the first part of this article,the brief introduction of the case and the legal issues involved in the case,through the introduction of the Li Moumou case,Wang Moumou case,and Caomou case,analyze the judgment basis,reasons,and judgment results.Summarizing the three legalissues involved in the case,starting from the case,first of all,my country lacks the system of immunity of judges’ responsibility in legislation,and secondly,it lacks the guarantee of judges’ procedures in judicial practice.Finally,there is a lack of job security mechanisms in the performance of judges.The second part of this article,jurisprudential analysis,first is to interpret the basic connotation of the system of judges ’ responsibility exemption,comparing the two systems of judges’ responsibility exemption and judges’ accountability.No conflict between the two systems can jointly guarantee the independence of judges.Exercise judicial power.Secondly,starting from the current situation in my country,the current situation of my country’s current system of judges’ responsibility exemption is elaborated,and then starting from the reasons for the lack of the system of judges’ responsibility exemption in my country and its consequences,it shows the need to construct a system of judges’ responsibility exemption in my country.Finally,mainly based on the revision of the new "Judge Law" as a theoretical basis,based on the current favorable opportunity of judicial reform,the concept of social rule of law has been updated,and its good legal environment has provided the feasibility for the construction of the system of immunity of judges.The third part of this article is to construct a system of judge responsibility exemption.First,legislate clearly to stipulate the system of judge responsibility exemption.Second,in judicial practice,it is necessary to establish a procedural guarantee mechanism for judges: it is clear that the subject of judge responsibility exemption is the judge,Clearly clarify the object of immunity,that is,the judge’s post behavior,clarify the reasons for punishment and the specific procedures for punishment;Rights and interests provide a way to stimulate the enthusiasm of judges in handling cases.