Comprehensive and accurate implementation of the judicial responsibility system
April 26, 2023 09:23 Source: "China Social Sciences" April 26, 2023 Total 2639 Author: Zhijia Translation

The 20th National Congress of the Communist Party of China is clearly proposed,"Deepen the comprehensive supporting reform of the judicial system,Comprehensive and accurate implementation of the judicial responsibility system,Accelerate the construction of a socialist judicial system with justice and efficient and authoritative authority "。"Bull Nose" as the reform of the judicial system,The judicial responsibility system to form a clear power and responsibility、A unified judicial operation mechanism of power and responsibility is the core,is the key content of deepening the judicial system and its comprehensive supporting reform,It is also an important measure to realize the modernization of the national governance system and governance capabilities。

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To further build and improve the mechanism of judicial power operation,The Third Plenary Session of the Eighteenth Central Committee of the Party proposed "Improve the Judge、The responsibility system for the case handling of the collegiate panel,Let the trial referee、Responsible for the referee ",The Fourth Plenary Session of the Eighteenth Central Committee of the Eighteenth Central Committee further requested "Improve the judge of the trial、Documentary Court、Director prosecutor、Hosted the responsibility system for investigators,Who is responsible for implementing the case ",The reform of the judicial responsibility system is gradually advanced。After that,The 19th National Congress of the Communist Party of China made "Deepening the Comprehensive Supporting Reform of the Judicial System,Major strategic deployment of the judicial responsibility system in an all -round way,Reform of the judicial responsibility system further deepen development。During this period,The Supreme People's Court and the Supreme People's Procuratorate have successively introduced a series of standardized documents on the reform of the judicial responsibility system,and the Standing Committee of the National People's Congress in 2018, the Standing Committee of the National People's Congress was amended to the People's Court Organization Law and the People's Procuratorate Organization Law.,Make it formally becoming the institutional requirements Bet365 app download of legislation confirmation。In the 20th report of the Party's 20th National Congress, it is proposed to "comprehensively and accurately implement the judicial responsibility system",It is a higher requirement for the reform of the judicial responsibility system in the new era that promotes the development of Chinese -style modernization。

From the perspective of practice,Since 2014,According to the unified requirements and deployment of the central government,The reform of the judicial responsibility system has gone through the pilot、Gradually advance、Continuous deepening and other series of reform processes。With the orderly advancement of the judicial system and its comprehensive supporting reforms nationwide,The target task determined by the reform of the judicial responsibility system has been roughly completed,Related system gradually improved,Reform has achieved significant results。

Specifically,First,The management mechanism of judicial personnel is regulated,It is mainly reflected in: comprehensively promoting the reform of the staff system,Number of judicial personnel、The proportion is reasonably controlled; the establishment of a judge、Prosecutor Selection Committee,Excellent judge、Prosecutors enter the front line of handling the case; improve the judicial professional security system,The sense of honor of the judicial personnel is continuously improved。Second,The operating mechanism of the judicial power can be optimized by the system,Specific performance as: the grading approval mode of changing administrativeization,Highlighting judges、Prosecutor's subject status; list the power list,Definitely delineate the scope of the authority of all kinds of judicial organizations and personnel; standardize the judicial supervision and management mechanism,Protecting the law unified and correctly applicable, etc.。Last,Judicial responsibility accountability mechanism can be coordinated and improved,Main content includes: Promoting the Lifetime Responsibility System and the Responsibility System of the Lifeline of Cases and Cases,Establishing a judge、Prosecutor's Disciplinary Committee,Scientific setting assessment and evaluation system,Improve the judicial responsibility identification and pursuit procedure,Strengthen internal and external supervision and restriction mechanisms,Strengthening the construction Bet365 app download of a clean government risk prevention and control mechanism。

In short,At this stage, the judicial socialist judicial power operation system with the judicial responsibility system is basically completed,A fair and efficient and authoritative socialist judicial system is more mature,The sense of judicial gain and satisfaction of the people is significantly enhanced。but but,Agreement with the level of economic development and other objective factors,In some areas, there are still uneven reform and development、Reform measures are not implemented、Reform targets have not yet fully achieved problems。

  Theoretical logic

In order to implement the reform and deployment proposed by the 20th National Congress of the Communist Party of China,The basic connotation of correcting "comprehensive and accurate" is the prerequisite for further promoting the reform of the judicial responsibility system。For this,We must focus on four aspects: first,To adhere to the leadership of the Communist Party of China,Governing the country according to law must be fully advanced under the party's leadership,The socialist rule of law system with Chinese characteristics must also be deployed uniformly under the party's leadership; second,To adhere to Chinese characteristics,Fully consider my country's historical and cultural tradition、Basic national conditions such as social development needs are the fundamental prerequisite for building a socialist judicial system with Chinese characteristics; third,To adhere to the people first,Practice the people -centered development idea,Continuously meet the people's expectations for judicial work,Efforts to make the people feel the sense of gain、Happiness sensation、The sense of security is more fulfilling、More secure、More sustainable; fourth,To persist in achieving high -quality development,General Secretary Xi Jinping pointed out that "justice is the soul and life of justice",High -quality development of judicial work is often reflected in the degree of realization of judicial justice。

As far as the reform of the judicial responsibility system is concerned,The 19th National Congress of the Communist Party of China proposes to "fully implement the judicial responsibility system",It is intended to emphasize the systemic and overallness of reform,Pay attention to the comprehensive coordinated deployment of reform measures。With words,On the one hand, the personnel covering bet365 Play online games the reform should be comprehensive。Power exercise and system implementation must rely on specific organizations or personnel,Continue to promote the professionalization of the judicial team、Professional development is the prerequisite for realizing the judicial responsibility system。On the other hand, the content required to be covered by reform should be comprehensive。Reform and development usually involves multiple institutional levels,Not only the basic reform of the judicial responsibility system itself,Also grasp the supporting reform of the judicial responsibility system,Make sure various reform measures are promoted coordinated。In a new era of reform and development,The 20th National Congress of the Party once again reiterated the requirements of the "comprehensive" implementation of the judicial responsibility system,It mainly emphasizes that in the original comprehensive advancement of reform process, focusing on establishing a scientific indicator system made a comprehensive assessment of the progress of reform,At the same time, promote the comprehensive coverage of the effect of reform,Promoting the reform of the judicial responsibility system to develop in depth。The 20th National Congress of the Communist Party of China adds the word "accurate" on the basis of "fully implementing the judicial responsibility system",Not only reflects the further deepening of the understanding of the laws of judicial activities,It also clarifies the key tasks of continuing to deepen judicial reform。The reform of the judicial responsibility system has achieved significant results in a new era,"Accurate" meaning is required to accurately discover existing problems and the predicament of possible encounter,At the same time, accurately analyze the deep cause of the problem,Starting from the specific national conditions of our country,Accurately grasp the laws of judicial and effectively solve the problem。

  Specific path

First,Standardize the configuration and operation mechanism of power。From the perspective of power configuration,Insufficient issues of decentralization for some areas,To establish a clearer and unified power configuration rules,Refine positive and negative power list,Standardize the performance of judicial personnel。In the process of regulating power operation mechanisms,List of judicial liability corresponding to judicial power should be formed,Scientific definition of judicial personnel to exercise judicial power。At the same time,On the basis of strengthening the responsibility of the main body of the case,bet365 Play online games Audit Committee、Procuratorate、President of the Council、Prosecutor and other judicial organizations and personnel of judicial organizations and personnel have more comprehensive and accurate implementation,Give full play to its judicial supervision and management responsibilities,Clarify the boundary of responsibilities,Prevent judges、Prosecutors exercise judicial power to form improper interference。

Second,Improve the mechanism of identification and pursuit of responsibility。Releasing power is the prerequisite for accountability,Responsibility is the guarantee of decentralization。To solve practical problems that are difficult to implement by effective accountability,In improving the judicial power list、Standardize power operation while further improving the judicial responsibility identification mechanism,Based on the principles of the main objective phase of the main objective phase, the principle of judicial accountability that is more in line with judicial laws,Improvement of the authority of judicial responsibility、Normative、Scientific。To increase the intensity of the quality of the case and the application of the review results,Establishing illegal clue clues discovery mechanism,Timely discover and correct violations of laws and regulations,Comprehensive identification of judicial responsibility。After that,The judicial organs must give full play to judges、Prosecutor's Responsibility Pressing Function Function,The mechanism of accountability of the degree of responsibility for judicial responsibility is consistent with the amplitude of punishment,Solving the Judicial Responsibility for Hollowing the Startups、Implementation difficulties and other issues。

third,Deepen the comprehensive supporting reform of the judicial responsibility system。To comply with the latest reform deployment of the 20th National Congress of the Party,Promoting the reform of the reform of the judicial responsibility system and other comprehensive supporting reform collaboration、Forming a joint force,It is an inevitable choice for comprehensively and accurately implementing the judicial responsibility system,It is also the key task of further deepening the comprehensive support reform of the judicial system in the future。For this,First,Improve the supervision and restriction mechanism,Urgent judges、Prosecutors perform their duties in accordance with the law,Carry out the entire process supervision on the basis of the limits Bet365 lotto review of clear supervision and management,Take a variety of supervision methods,Really realize the "supervision and basis,Supervisor is strong,Effective supervision "。

Next,Optimized personnel management mechanism,Make sure the judge、Prosecutors perform their duties in accordance with the law。It mainly refers to,First, improve the evaluation and evaluation mechanism and judge、Dynamic adjustment and exit mechanism of procuratorial officials,The continuous system promotes the professionalism of judicial、Professional construction,Urgent judges、Prosecutors continue to improve professional literacy and business capabilities。Second is to deepen the reform of the classification management system of judicial personnel,Strengthen the management of judicial auxiliary personnel and judicial administrative personnel,Make it really play an important role in promoting the orderly development of judicial work。Third is to clarify the attributes of the central affairs of judicial power,Gradually realize the central control of the property of the affiliate,Remove the adverse effects of judicial administration and localization。

again,Improve the occupational security mechanism,Incentive judge、Prosecutors perform their duties in accordance with the law。Specific: Improving the Performance Performance Inspection,Improve the exemption system for judicial officers' performance,Refined judges、The operating mechanism of the Prosecutor's Rights Protection Committee; improve material protection,Form the salary system consistent with the sequence of the job; strengthen the spiritual guarantee,Further enhances the sense of career belonging and honor of judicial personnel。

Last,Promote smart judicial construction,Guarantee judge、Prosecutors perform their duties in accordance with the law。,On the one hand,Through the construction of the judicial case handling platform and data information,For the judge、Prosecutors' case handling work provides effective guidance,Promoting the correct application of laws and reunification; on the other hand,Make normalized supervision of the performance of judicial personnel through electronic methods,Timely risk warning for possible violations of laws and regulations。

 (Author Unit: School of Foreign Trade University of Foreign Studies)

Editor in charge: Chen Jing
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