司法责任认定基本问题研究

Basic Issues Regarding the Determination of Judicial Responsibility

目前学界多将错案责任和司法责任这两个概念混淆使用,但是二者之间存在根本差别。对"错案责任"的提法应当停止使用。我国司法责任的认定标准发生了从以"结果"为主到以"行为"为主的转变,这种转变具有合理性。司法机关和司法工作人员是司法责任的两大责任主体。司法机关通过司法赔偿、程序性制裁承担机关责任。司法工作人员的个人责任表现为刑事责任、纪律责任和民事责任。司法责任是一种复合性法律责任,其归责原则是对多种归责原则的综合。

At present,scholars often use two kinds of concept of responsibility of misjudged cases and judicial responsibility in a confusing way. However,fundamental differences exist between the two kinds of concept. The formulation of "responsibility of misjudged cases"should be discontinued. The change from the "result"as the main criterion to the "act"as the main one has occurred in the determining criterion for judicial responsibility in our country,which is reasonable. Judicial organs and judicial personnel are the two main subjects of judicial responsibility. Judicial organs take the responsibility of organs through judicial compensation and procedural sanctions. The criminal,disciplinary and civil responsibilities are included in the personal responsibility of judicial personnel. Judicial responsibility is a kind of complex legal liability,and its imputation principle is a combination of multiple imputation principles.