领导干部干预司法活动责任追究制度设计

The Design of Accountability System for Judicial Intervention of Leading Cadres

十八届四中全会首次明确以立法形式确立了要对领导干部干预司法活动的责任进行追究。在司法实践中,领导干部插手具体案件、干预司法活动的现象屡见不鲜,严重干扰了我国的司法公正。以领导干部干预司法活动责任追究制度为研究对象,对司法独立的基本理论进行探讨的基础上,分析我国领导干部干预司法活动责任追究制度存在的问题。结合我国的立法现状,在依法治国的基本精神下,对我国领导干部干预司法活动进行了责任追究制度的设计。

The Fourth Plenary Session of the 18th Communist Party of China Central Committee has first established the accountability system for judicial intervention of leading cadres in the form of legislation. In the judicial practice, some leaders often took part in the specific cases and interfereed the normal judicial activities,which seriously disrupted the justice of judicature in our country. With the accountability system for judicial intervention of leading cadres as the object of research, based on the discussion of basic theory about judicature independence, the analysis focused on the problems existing in the accountability system for judicial intervention of leading cadres. Combined with legislative status in our country,the accountability system for judicial intervention of leading cadres was designed according to basic spirit of ruling the country by law.