司法责任制下的法官责任豁免权研究

On the Immunity of Judges under the Judicial Responsibility System

法官责任豁免权是司法责任制的重要内容,是司法责任制改革所必须要解决的重点问题。考察域外法治国家,一般通过宪法、基本法或最高法院的判例来确认法官责任豁免权。多数国家倾向于对法官履行职务造成的损失采取完全免责的态度,对法官因犯罪产生的刑事责任不予豁免,对法官在行为端正的情况下做出的裁判免予处分。中国的法官责任豁免权目前尚未得到法律的正式确认,豁免范围不明、判断标准不清亟待解决。故此,应在《法官法》中明确规定法官责任豁免权;排除裁判结果作为法官的惩戒标准,确立一元的违法审判行为惩戒机制;合理设定注意义务,实现故意、重大过失判断的客观化。

The immunity of judges is an important part of judicial responsibility system and a key problem that must be solved in the reform of judicial responsibility system.In foreign countries ruled by law,the immunity of judges is generally determined by the constitution,the basic law,or the precedents of the Supreme Court.In most countries,judges are granted the complete immunity of losses caused by their performance of duties,do not have the immunity of crimes committed by themselves,and have the immunity of judgments made under the circumstance of good behaviors.At present,the immunity of judges has not been officially confirmed by law in China,and the problem of the scope of immunity and the standard of judgment is necessary to be solved and set.Therefore,the immunity of judges should be clearly stipulated in Judges Law of the People’s Republic of China.A simple punishment mechanism for illegal trial act should be established by excluding the judgment results as the punishment standard for judges.The judgment of intent or gross negligence should be objectified by the obligation of attention whose scope is reasonably limited.