System Of Immunity Of Judge Iiability In Our Country

At present,we have not established an explicit system of judge liability exemption,and the provisions of liability exemption are scattered in relevant laws and normative documents.The absence of legislation and the over-general provisions of judicial documents on the exemption authority make the practice in a vague state.In addition,the provisions in the document are more inclined to investigate the liability of the judge,and there are few and brief provisions on the exemption of liability for wrongful cases.They do not explain the liability for wrongful cases directly,which may lead to wrong interpretation in application.Therefore,we need to establish a perfect judge liability exemption system to learn from the experience of Anglo-American law system and civil law system.Based on the national conditions,the establishment of judge liability immunity system can start from the following aspects: First,improve the legislation of judge liability immunity.It is necessary to embody the content of judge immunity in Judges’ Law,which can not only make up for the lack of legislative content but also improve the level of effectiveness.Include in judicial documents the contents concerning the immunity of judges and delete their duplicate provisions.Secondly,the criterion of judge’s liability exemption should be clarified.Absolute immunity gives judges too much exemption space and their power cannot be constrained.Therefore,the principle of relative immunity should be determined,which can both grant judges immunity and impose limits on immunity.At the same time,define the scope of the subject and object of the judge’s liability exemption.The subject of liability immunity should be limited to the judges who have been appointed and have judicial power,and other judicial auxiliary personnel should not be the subject of immunity.The act of a judge can be divided into duty act and non-duty act,and the object of immunity should be determined as duty act,so as to achieve the criterion of behaviorism-centered.If a judge has exercised his duty of care subjectively and his objective behavior is in line with the law,he should enjoy immunity if he has achieved the unity of subjectivity and objectivity.Thirdly,the way to assume the responsibility of the judge should be determined.Under the premise that the judge’s behavior does not violate the criminal law,it is necessary to exempt the judge from civil liability if it does not belong to intentional and gross negligence and cause serious consequences.However,once the judge’s behavior violates the criminal law,it should not provide immunity,and the judge should be investigated for criminal responsibility.To construct a perfect judicial immunity system,it is necessary to establish the restriction mechanism of liability immunity,perfect the examination procedure of liability immunity,and guarantee the independence of the examination body of immunity.Finally,the relationship between liability investigation and liability exemption should be discussed.Liability investigation and liability exemption complement each other.Liability exemption is the premise of starting liability investigation and the bottom line of protecting judges’ rights and interests.Liability investigation is the guarantee of liability exemption,and the two promote and complement each other.In addition,it is necessary to guide the public to rationally view the system of judge liability exemption,so that the public can have a profound understanding of the legal provisions and the work functions of judges,which is conducive to the public’s understanding of judge liability exemption.