对错案责任追究制的理性思考

A Rational Thinking on Investigating System of the Unjust Cases and the Job Responsibility

实行法官责任追究制度是保障司法公正的手段之一。但是,实践中设计并运行的错案责任追究制存有一种形而上学的错误。从现行错案责任追究制度存在的误区、负面效应看,实行法官责任追究制度,应以违法违纪审判责任追究代替错案责任追究,既要注意不损害法官职务独立的原则,同时又要对法官的违法违纪审判行为作出严肃处理。

The implementation of the investigating system of the lawyer's job responsibility is one of the methods ensuring the judicial justice. However, there is a kind of metaphysical mistake in the investigating system of the unjust cases run and designed in reality. In light of the misunderstanding and the negative effects of the current investigating system of the unjust cases, when the investigating system of the lawyer's job responsibility is implemented, the investigating system of the unjust cases should be replaced by the investigating system of malfeasance trial, and the principle of “not marring the lawyer's positional independence' should be followed. Simultaneously the lawyer's malfeasance trial behavior should be severely punished, only when this is done can the good environment, in which the lawyers are able to independently and justly carry out his duty, be created.