我国法官裁判责任的追究限度

Limits of Liability for Judges’ Decisions in China

在追责语境下,裁判错误就是裁判违法。新修订的《法官法》缩小了对法官裁判错误的追责范围,这主要体现在将"重大过失"增加为追究过失裁判错误之法律责任的条件,但责任形式仍然包括宪法相关法责任和刑事责任。按照审判独立和审判监督平衡的原理,我国应进一步限缩法官裁判责任:一是对法官过失裁判错误的追责应以宪法相关法责任为限,不宜追究刑事责任;二是随着法官职业素质的提高和法官审判职业内外的活动得到有效监督,对法官过失裁判错误追究宪法相关法责任宜采取谦抑态度。

In the context of accountability,a wrong judgment is an illegal judgment.The newly revised"The Law of Judges"narrows the scope of accountability for a judge’s wrong judgment,which is mainly featured in adding"gross negligence"as a precondition for investigating his/her legal liability for the wrong judgment with negligence.However,the forms of the liability still include the liability of the laws related to constitutional law and criminal liability.According to the principle of the balance between trial independence and trial supervision,the liabilities of judgment should be further restricted:first,the liability for a wrong judgment with negligence should be limited to the liability of the laws related to constitutional law,rather than both the liability of the laws related to constitutional law and criminal liability;second,with the increasement of the professional qualities of judges and the improvement of the effective supervision from inside and outside,it is advisable to adopt a lenient attitude toward investigating the liability of the laws related to constitutional law for a wrong judgment with negligence.