Comprehensive and accurate implementation of the judicial responsibility system
January 23, 2024 14:41 Source: "Chinese Social Sciences" January 23, 2024 Issue 2821 Author: Lin Yifang

The judicial responsibility system is the "cattle nose" of my country's judicial system reform,It is the only way to build a fair and efficient socialist judicial system,Improve judicial quality、Guarantee judicial efficiency、Raising judicial credibility is important。The 20th report of the party emphasizes "comprehensively and accurately implement the judicial responsibility system",New requirements for the judicial responsibility system、Provided new direction、Established a new standard。Current,We should summarize practical experience,Adapt to the new environment of justice、New dynamics,Promoting the reform of the judicial responsibility system to develop in depth。

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The Third Plenary Session of the Eighteenth Central Committee of the Party pointed out,"Improve the judge of the trial、The responsibility system for the case handling of the collegiate panel,Let the trial referee、Responsible by the referee "。Requirement of the Fourth Plenary Session of the 18th Central Committee of the Party,"Improve the judge of the trial、Documentary Court、Director prosecutor、Hosted the responsibility system for investigators,Who is responsible for the implementation of the case? "。The report of the 19th National Congress of the Communist Party of China is proposed,"Deepen the comprehensive supporting reform of the judicial system,Comprehensively implement the judicial responsibility system,Efforts to make the people feel fairness and justice in every judicial case "。The 20th National Congress of the Communist Party of China further emphasized,"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 that is fair and efficient and authoritative,Efforts to make the people feel fairness and justice in every judicial case "。From the establishment of the system to "Comprehensive Implementation",Then go Bet365 lotto review to "Comprehensive and accurate implementation",The connotation of the judicial responsibility system is constantly enriching and development。Especially "comprehensive" and "accurate" two words,It is even more profoundly summarized by the Party Central Committee's new requirements for the judicial responsibility system。

"Comprehensive" means that the judicial responsibility system is a comprehensive system。One aspect,To unify power and responsibility。The judicial responsibility system aims to achieve "let the trial referee,Responsible by the referee "。The former requires bold decentralization,Clarify the specific responsibilities of judicial staff,Respect the judge、Prosecutor's power to handle the case independently。The latter requires judicial personnel to take responsibility for the case they handled,If you have the right to be responsible、If you have to take responsibility for、Must be responsible for your job,Lifetime accountability for the wrong case。Only the power and responsibility are unified,can the judiciary dare to let go、Courage to take responsibility,to ensure the effective efficiency of judicial work。

On the other hand,Corresponding to the responsibility and rights。The reform of the judicial responsibility system must directly hit the pain point、Truth with hard touch,Press the responsibility of the judicial personnel to actively press the actual pressure,The responsibility is held in accordance with the wrong case。But you should also pay attention,Abuse of accountability Power is more likely to combat the enthusiasm of judicial personnel to handle the case,Freshly running for judicial work。Fully respect the professional status of judicial personnel,Give judicial personnel and trial work、Professional honor and privileges that match the procuratorial work,Guarantee the rights and property rights of judicial personnel in accordance with the law,Improve the living standards and wages of judicial personnel。So,Only can responsibility and rights adapt to,So as to stimulate the working motivation of judicial personnel,Make sure the judicial team sustainable and healthy development。

"Accurate" put forward requirements for the accuracy of the reform of the judicial responsibility system。bet365 Play online games One is reasonable for empowerment,Determine department functions。Accurate Judge、Prosecutor's responsibilities permissions,Make sure the judge、Under the premise of the prosecutor's independent case handling case, determine the status and role of the president of the hospital,Excluding the impact of foreign factors on justice,Eliminate the interference of administration to justice。Scientific Configuration Fourth Court of Court Auditations,Realize trial resources、A reasonable match between the structure of the case and the functional positioning of the fourth level of courts,Let the appropriate court court hear appropriate cases。Continue to promote the reform of the internal agency in the procuratorial organs,Fully fulfilling legal supervision functions,Promote the "Four Procuratorate" and "Top Ten Business" at high speed,Clarify the functional structure of various departments。

Second is the proper accountability,Principles in Pursuing the Proportion。Responsibility is not in place,It will affect the realization of justice。But the responsibility is held too much,There will be reaction,Both the Judge、Prosecutor’s work enthusiasm,It may also cause deviating case -oriented orientation。Responsibility for pursuit of proportion principle,The accountability measures taken should help judge the judicial personnel to adjust the attitude and method of work,Correct bad style and ideological tendency,Finally realizing the fairness of justice。Responsibility accountability should be compatible with the severity of the illegal and illegal acts suspected of illegal and illegal behaviors,Not abandoned accountability,No misconduct。Can't simply use the correctness of the results of the case as the sole criterion for accountability,Can't arbitrarily handle the results of the future program link deny the results of the previous program link,The objective environment should be combined with judicial personnel when handling cases、Case plot、Subjective fault and other factors comprehensive judgment。

Third is the separation bet365 Play online games of the inspection method,Respect the law of justice。Judge is a judge who exercises national trial rights in accordance with the law,Prosecutors are prosecutors who exercise national procuratorial rights in accordance with the law。The right to judge and prosecution is in the mechanism、Specific content、Operating rules and other aspects are different。Compared to prosecution,Judgment rights have higher independence on the independence of the judiciary,Neutral、Authoritative requirements are more prominent。Make constant supervision of judges and prosecutors、Responsibility for accountability,Even punishment,Different physical requirements and program mechanisms should be applied。

  Specific path

The judicial responsibility system to form a clear authority and responsibility、Judicial power operating mechanism with unified power and responsibility is the core goal。After years of hard work,The reform of the judicial responsibility system has achieved significant results。But it is undeniable,This reform still faces a lot of challenges in the specific implementation process。Further promote the comprehensive and accurate implementation of the judicial responsibility system,Can't avoid difficulties,Should hit the pain point、Face the challenge,Efforts to create a higher level of fairness and justice。

First,Judge of Lifou、The relationship between prosecutors and judicial auxiliary personnel。The membership system is the basic prerequisite for accurate implementation of the judicial responsibility system,It defines the scope of the subject that should enjoy power and responsibility,That is "the required case of income", "Who is responsible for the case who handles the case"。But from the actual level,After the reform of the membership system,Enter the judge、Limited number of prosecutors,It is difficult to meet the needs of case handling。For this,Minister Judge、Prosecutors have to invite assistant personnel to participate in the case,Even requesting assistants to handle cases independently,Therefore, there is a situation where the subject handling subject is inconsistent with the responsible subject,Comprehensive and accurate implementation that affects judicial responsibility。The key to solving this Bet365 app download problem,In the reason to clarify the judge、The relationship between prosecutors and judicial auxiliary personnel。perfect judge、The division of labor and collaboration mechanism of prosecutors and assistants,Clarify the assistance of assistants for assistance,Refine the job responsibilities of assistants,Make sure the judge of the staff、Prosecutors concentrate on the substantive core work of the case handling。Reasonable configuration of staff judges、The proportion of prosecutors and assistants,Extremely prominent judge、At the same time of the prosecutor's main status,Provide it with sufficient assistants,Ligger judge、The work burden of the prosecutor,Raise the judge of the staff、The work efficiency of the prosecutor。

2,Improve the judge、Prosecutor's Council System。Judge、The System of Prosecutor's Disciplinary Committee is an important guarantee for the identification and investigation of judicial responsibility。Supreme People's Court、The Supreme People's Procuratorate jointly issued the "About Establishing Judge in 2016、Opinions of the Prosecutor's Punishment System (Trial),Clarified judges、The basic authority and work principles of the Prosecutor's Disciplinary Committee。but but,In practice in various places,There is still a lot of confusion about the operation of the system。For example,In terms of institutional settings,Is the punishment committee and the selection committee merged or set up separately; in terms of case investigation,The scope of the investigation of the punishment committee and the scope of self -detection of procuratorate、When the scope of supervision of the Supervision Committee appears to be overlapped,How to deal with it; in terms of punishment,How to distinguish the "judicial flaws" behavior of the punishment committee,Prevent excessive punishment, etc.。So,It is necessary to further improve this system。From avoiding conflicts of interests、Starting from the perspective of preventing power abuse,The model set separately set by the punishment committee from the selection committee shall be clearly set; from clarifying the Bet365 lotto review judicial responsibility、Criminal Responsibility、From the perspective of discipline responsibility,It should be further clarified to judge、Prosecutors should accept the scope of behavior of investigation by the Disciplinary Committee; from respecting the laws of justice、From the perspective of protecting judicial personnel enthusiasm for handling cases,Pay attention to distinguish between the boundary between the results of the case and the punishment of the behavior,Disputes on the scope of punishment for reasonable solution。

third,Construction of the Romance of Judicial Responsibility Exemption。Responsibility for accountability and responsibility exemption is complementary。Comprehensive and accurate implementation of judicial responsibility,It depends on the reasonable setting and effective implementation of the responsibility exemption system。But currently,my country has not yet established a system of judicial personnel responsibility exemption system in the form of standardized documents,Only sporadic regulations appear in legal documents such as the Judicial Law and Prosecutor Law。and,The influence of the concept of traditional judicial management,my country has always existed "heavy accountability、Light Exemption "Question,further hindering the establishment and implementation of the system。Construction of the Romance of Judicial Responsibility Exemption,On the one hand, we must change the concept: you should see whether it is accountable or exemption,All are indispensable,Strive to achieve a balance between the two,Avoid too late。We must respect the laws of justice,Reflected judicial independence,Respect judge、Prosecutor's professionalism,Also pay attention to limited exemption,Prevents avoid legal liability for exemption。On the other hand, it is necessary to improve legislation: a special legislation of the judicial personnel responsibility exemption system from the standardized level,Accurately define the functional positioning of the system,Clarifying the main scope of responsibility exemption、behavioral category、Identification Standard。The main position and responsibilities of the Disciplinary Committee should be determined,Clear Bet365 lotto review procedure mechanism and disposal consequences of exemption liability。,Also pay attention to the relevant system,For example, a member system、Connect of the quality and efficiency evaluation standards of the case。

  (The author is a special researcher at Fujian Normal University Research Base in Fujian Normal University in the new era of Xi Jinping in Fujian Province)

Editor in charge: Cui Bohan
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