法院司法问责若干问题研究

党的十八届四中全会指出,完善主审法官、合议庭办案责任制,落实谁办案谁负责。这就提出了如何进行司法问责的问题。而司法问责与原来的错案责任追究明显不同。为构建科学、有效的新型司法问责制度,应当对司法问责的概念进行重新界定,并从司法问责的主体、司法问责的事由与对象、司法问责的标准与责任形式以及建立司法责任豁免制度等方面进行深入的研究。

A Study on Some Issues of Judicial Accountability

The Fourth Plenary Session of the 18th Communist Party of China Central Committee pointed out that the system of presiding judge and the responsibility system of collegiate bench should be improved, and that the policy that who is handling the case will be charged should be implemented. Here comes the question about how to conduct judicial accountability. However, there is a distinct difference between judicial accountability and the original responsibility investigation on misjudgments. In order to construct a scientific and effective new type system of judicial accountability, judicial accountability should be refined. And further study should be carried out including the subject, the reason and object, the standard and liability form, as well as exemption systems of judicial accountability.