Research On Judge Accountability System Under The Background Of Judicial System Reform

Judicial system reform in China has entered a new stage,the reform is aimed at solving deep-seated and systemic issues,and issues in various fields are intertwined and complex.To achieve the goals,it is necessary to implement cautious policies and comprehensive efforts."fully implementing the judicial accountability system" is the core mission of this reform,Judicial reform puts forward new requirements.Judge accountability system is a concrete manifestation in the court system,and it is also the focus of this round of reform.The current judge accountability system in China includes the accountability system for wrong cases,for illegal trials and the lifelong accountability system for case handling quality,etc.,which have appeared one after another and played a role in regulating the behavior of judges and reducing unjust,false and wrong cases within a period of time.At present,under the influence of other measures of the judicial system reform,the number of judges has decreased and the number of cases has increased,resulting in increasing trial pressure.Correspondingly,the independent judicial power and professional protection of judges are still under reform,and the defects of the judge accountability system at the institutional and practical levels have gradually emerged,triggering the need for reform of the judge accountability system.Judge accountability is a concrete manifestation of the judicial responsibility system,and the improvement of accountability system must not be separated from the larger framework of the latter.This article is based on the background of judicial system reform,taking the judge responsibility as the research object,using methods such as empirical analysis,comparative analysis,and literature analysis,to analyze problems in the current judge responsibility system under the background of judicial system reform.Put forward countermeasures for constructing a scientific judge accountability system,hoping to be conducive to the implementation of the judicial responsibility system and the realization of the overall goal of judicial reform.The text is divided into four parts:The first part is about the status quo and problems of judge accountability system in China.First,it introduces the evolution process of the judge accountability system and the current manifestation of the judge accountability system,including the accountability system for wrongful cases,for illegal trials,and the lifetime accountability system.Next,it mainly discusses the four main problems existing in the current judge accountability system:Judicial responsibilities does not completely correspond to judicial power,the unreasonable standard of "result accountability",the excessive responsibility leads to insufficient motivation of judges,and lifetime accountability violates the theory of statute of limitations.The second part is the analysis of the reasons for the problems in judge accountability system.The reasons for the problems in Chinese judge accountability system are explained from four aspects:the dilemma of judicial power not being completely independent has led to inconsistencies in powers and responsibilities,concept entrenched in responsibility misjudged cases leads to unscientific responsibility standards,and the lack of professional security for judges leads to insufficient incentives for judges,the lack of supporting laws and regulations has led to incomplete and conflicting systems.The third part is the new requirements of the judicial system reform on the judge responsibilities.It mainly introduces the goals of this round of judicial system reform for the implementation of the judge accountability system,including optimize the construction of the adjudication team,optimize the operation mechanism of adjudication power,improve the supervision and management of adjudication power,and improve the professional security of judges.The fourth part is the reform path of judge accountability system under the background of judicial system reform.Under the general background of judicial system reform,clarify the order of various reform measures,realize the coordination and cooperation among existing reform measures,and improve our country’s system from five aspects:First,improve the independent operating mechanism of adjudication power to achieve consistency of "powers and responsibilities";second,establish a standard of accountability centered on misconduct;third,improve the liability immunity system of judges,and carry out the immunity of judgment actions and results not due to intentional or gross negligence,so as to realize the unification of "discipline" and "immunity";fourth,improve the professional security mechanism for judges and promote the sound operation of judges’ powers and responsibilities;Fifth,improve the relevant legal norms of the judge responsibility system,modify the original legal provisions that are partially overlapping and conflicting,and build a complete and unified judge accountability system.