The report of the 19th National Congress of the Communist Party of China proposed for the first time: "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 each judicial case。"" From this，Comprehensive implementation of the judicial responsibility system becomes a major reform task for the 19th National Congress，This is the judicial system to implement Xi Jinping's thoughts on socialism with Chinese characteristics in the new era、Deepen the comprehensive supporting reform of the judicial system、Important measures to promote the modernization of judicial system and judicial capabilities。Comprehensive implementation of the judicial responsibility system has a basic position in the main framework of the reform of the judicial system、iconic significance and global impact，To ensure that the judicial organs exercise their powers independently and fairly，In order to coordinate the promotion of the overall layout of the "five -in -one" and coordinate the promotion of the "four comprehensive" strategic layout, it provides strong judicial services and guarantees，It has far -reaching significance。

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The core of the judicial responsibility system is "let the trial referee，Responsible by the referee "，It gives judges while giving judges' dominance and decision rights，Emphasize that the judge is responsible for the results of the referee。The "responsibility" in the judicial responsibility system is rich，Including legal liability，It also involves disciplinary bet365 best casino games responsibility; both include behavior responsibility，2419_2436，It also includes the responsibility of trial administrative management。Li Shaoping, deputy dean of the Supreme People's Court, pointed out，When implementing the judicial responsibility system，Both the boundaries of judgment defects and illegal trials must be strictly grasped，It is necessary to strictly distinguish the intentional responsibility and major negligence liability，Reasonable identification of the situation and conditions exempt from law，Ensure that both illegal trial responsibilities are investigated in accordance with laws and regulations，Fully guarantee that judicial personnel perform their duties normally。

The elements of the judicial responsibility system mainly include the following aspects。First，Responsibility subject of judicial responsibility。The current accountable subject includes the disciplinary inspection and supervision department of the court system、Standing Committee of the local people's congress and judicial punishment committee、Supervisory Committee at all levels，This reflects the basic features of the three -dimensional supervision system。Second，Judicial liability target。Objects involved in the judicial responsibility system include participants in all aspects of trial。The scientific and reasonable judicial responsibility system is to clarify all aspects of judicial trial、Corresponding responsibilities of each position，Refine the list of responsibilities。third，The reason for the accountability of judicial responsibility。In the system design and application of the responsibility of judicial personnel，The reason for accountability is the key。Fourth，Responsibility for Judicial Responsibility。Responsibility procedures can guarantee the effective operation of the accountability mechanism。Fifth，Standards for Judicial Responsibility。The identification standard is the core element of comprehensively implementing the judicial responsibility system。

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From the perspective of the judicial responsibility system itself，The main problems are: first，Lack of judicial responsibility of judges，Insufficient legal authority。my country does not have a law that specifically stipulates judicial responsibility of judges，Specifications on judicial responsibilities are relatively decentralized，In practice, the judicial documents issued by the Supreme People's Court，Compared with the law, its authority is obviously not enough。Second， Insufficient occupational security of judges。Lifetime accountability and responsibility system intention to investigate the responsibility to urge judges to perform their duties prudent by strengthening responsibilities，Forced the judge to improve the quality of the case，Then to protect the legitimate rights and interests of the parties，But at the same time, it also exists in a certain negative effect，It is easy to lead to a career crisis in the judge。third，Incomplete judicial procedures，Administrative power penetration of the trial power operation mechanism。The existing procedures for judicial responsibility，Typical administrative color，Insufficient protection for judges' rights and interests，For example, the subject that determines whether the judge should bear judicial responsibility lacks necessary neutral and independence，It is difficult to fully protect the rights and interests of judges。

From the perspective of the implementation of the judicial responsibility system，Main questions include: First，External factors intervention case。The reform of the judicial responsibility system proposed "Let the trial referee，Responsible by the referee，Ensure the goal of the people's court to exercise judgment rights and fairness in accordance with the law，But in practice, the judge in the case still exists because of leaders (including relatives, friends), etc.。Second，Performance assessment is unscientific and unreasonable。Many judges believe that bet365 best casino games the current performance assessment system is unscientific and unreasonable，The main manifestation is the number of monthly case tasks unscientific、Unreasonable trial cycle of the case、An appeal to the judgment and send back to the reorganization assessment indicators。third，Lifetime of judicial linked accountability。The most worried about judges is judicial accountability，Standards for judicial accountability、Programs, etc. are not perfect。With the implementation of the lifelong responsibility system and the responsibility of the wrong case, the implementation of the inquiry system，Most judges feel great pressure，The enthusiasm for handling the case by the judge was affected。

　Deepen the comprehensive supporting reform of the judicial responsibility system

First，Improve the supervision mechanism of judgment rights。Main content involves four "optimization": First, optimize the supervision mechanism of the audit level。To overcome administration，Persist in review level，Seeking a balance between justice and efficiency，Follow the function layer、Break with each other、Focusing down、Diversion of cases、The principles of returning to the second instance to reform、Improve the functions of different trial courts。The second is to optimize the supervision mechanism of the president of the hospital。The problem of "unwilling to control", "dare not control", "not control" for the current president of the hospital，You can consider strictly limiting the scope of related cases、Establish an open and transparent supervision circulation procedure、Improve the accountability system of the President of the Council to optimize the accountability system of illegal intervention cases。Third is to optimize the law unified application mechanism。Discovery and identification mechanisms to establish and improve the problem of unified legal applications、Comment and discussion mechanism and standard restraint bet365 best casino games mechanism，So as to solve the problem of insufficient legal authority facing judicial responsibility of judges。Fourth is to optimize the case for the case of compulsory retrieval。Relying on legal big data and artificial intelligence，Activate Case Resources，Help the judge to achieve class case judgment，Make it an effective correction mechanism for controlling the deviation of the referee。You can focus on the scope of the clear search、Applicable scope and the use of retrieval results to improve。

Next，Improve judge selection mechanism。Main content includes four aspects: First, setting an independent judge selection agency。With the advancement of judicial reform，"Provincial Nomination，Hierarchical Appointment and removes "judges' selection framework，But the specific implementation is not institutionalized。Second, choose a diverse selection committee member，Basic guarantee of the objective neutrality of the selection agency。Third is to establish professional selection and assessment standards。To ensure that the selected judge is thinking ability、behavioral method is different from ordinary civil servants。Selection of judges，In addition to the legal professional knowledge of the system，It also needs to consider the ability to handle the case、Experience、Multiple factors such as legal professional training。Fourth is to create a standard selection procedure mechanism。The judge who exercises the judicial power is to exercise power on behalf of the country，Only ensure the independence of the selection of the judge，Selected judges can exercise judgment rights independently and fairly。

again，Strengthen the protection of judges。Comprehensively implement the judicial responsibility system，We must adhere to the position and responsibilities，Unified rights and obligations，Matching responsibility and guarantee，Combination of accountability and exemption。Strictly investigating judicial responsibility in accordance with laws bet365 live casino games and regulations，Also pay attention to protecting the normal performance of judicial personnel in accordance with the law，To establish the selection of judges who meet the requirements of comprehensively implementing the requirements of the judicial responsibility system、Training、Promotion、Management、Evaluation、salary and other systems，Formation of a socialist judge training system with Chinese characteristics，This is insufficient for judge's occupational security in the reform of my country's judicial responsibility system，It is important to overcome the rigorous severe punishment thoughts in judicial reform。

Last，Strengthen judicial efficiency evaluation。Judicial performance evaluation is a key link that runs through the main project of judicial reform and comprehensive support，In general, it belongs to the category of judicial management，Developed with the judge、The court's personnel system is closely related，It is considered an effective means to ensure that the judicial institutions and their personnel are responsible for their functions。and，It has important value in balanced judicial responsibilities and judicial institutions and personnel to independently exercise its powers in accordance with the law。But，The effectiveness assessment of the judicial responsibility system and the implementation of the staffing system encounters a lot of bottlenecks。Establish and improve judicial efficiency evaluation system，Both off -site experience，It is necessary to combine China's national conditions。At the same time，When building a judicial efficiency evaluation index system，To prevent the emergence of digitalization。

　　(The author is a professor at the School of Law of Southeast University)