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司法责任制作为本次司法体制改革的核心,旨在通过制度设计寻求制衡法官肆意妄为与保障法官依法履行职责的平衡。但我国现有的相关制度规定在责任事由、不当行为的界定依据以及错误裁判责任追究的主观程度等方面均呈现出不一致性,使司法责任制的天平过多的压向司法裁判者一方,加剧了该群体被过度追责的担忧甚至恐惧。为此,应当借鉴英美国家以不当行为为核心的一元论追责模式和德法国家以不当行为和特定结果为核心的二元论追责模式的合理元素,结合我国法院司法改革的实际,构建以违反实体裁判合法性、程序正当性、裁判中立性、法官职业性等有违审判规律的行为为追究责任的前提和基础,以故意或者重大过失导致裁判错误并致严重后果的行为为从重追责情形,并豁免法定追责事由之外的所有情形的递进式法官办案责任追究模式,强化法官办案的心理预期。
Judicial responsibility system as the core of this reform of the judicial system, aimed at the system design to seek checks and balances by judges indiscriminately and to ensure that judges perform their duties in accordance with the law. However, the existing relevant regulations in our country show inconsistency in the aspects of liability, the definition of misconduct and the subjective degree of investigation of the wrongful adjudication responsibility. As a result, the balance of judicial responsibility system is over-pressed to the judicial adjudicator, which aggravates The group was over-chased fear or even fear. Therefore, it is necessary to draw lessons from the appropriate elements of the dualistic accountability model with the core of misconduct in the Anglo-American countries and the dualism model of de facto dualism with Germany and France as the core. In combination with the actual judicial reform in China’s courts, Referee legitimacy, procedural legitimacy, the referee neutrality, the judge occupation and other acts of trial against the trial of law for the accountability of the premise and basis for the intentional or gross negligence caused the wrong result and lead to serious consequences for the case of heavy responsibility, And to exempt the progressive judge from investigating the accountability of all cases except the statutory duty of responsibility, and strengthening the psychological expectation of the judge handling the case.