Research On Judge Responsibility System

The judicial responsibility system is one of the four basic reforms in judicial reform since the 18 th National Congress of the Communist Party of China.The ‘judge responsibility system’ is a subordinate concept of the judicial responsibility system.The core concerns that should be paid attention to are as follows: on the one hand,by strictly implementing the judge responsibility system,strictly restricting the exercise of judicial power,investigating the responsibility that judges should bear for failing to do a good job within the scope of their duties,so as to make judges loyal to the law and judge according to law,so as to avoid the occurrence of illegal judicial acts;on the other hand,the powers should be returned to the judges,the rights of the judges should be guaranteed,the judges’ performance of their duties according to the law should be protected,and the judges should be prevented from being wrongly held accountable.Based on this,this paper analyzes the initiation,circumstances and procedures of judges’ responsibility determination in the system construction on the one hand,and summarizes and sorts out judges’ responsibility in judicial practice on the other hand,based on the theoretical basis of consistent authority and responsibility,trial independence and judicial immunity,and on the basis of summarizing the historical experience in the whole historical stage from the Xia and Shang dynasties to 2015.The analysis is based on the historical experience from the Shang Dynasty to 2015.In the examination of history and practice,it is found that there is no high level legal document to unify the basis of judges’ accountability around the world,the procedure of judges’ accountability still starts with wrongful cases due to institutional and historical reasons,the administrative color still remains in the accountability procedure despite the judicial transformation,and the lack of judges’ immunity system makes the construction logic of judges’ accountability system not rigorous enough.Therefore,when improving the construction of judges’ accountability system,we propose the following ideas: to clarify the way of accountability,to refine the limits of judges’ accountability,to improve the judicialization level in the basis and procedure of accountability,and to improve the establishment of judges’ immunity system as the pre-procedure of judges’ accountability.