法官职业伦理责任制的构建--以错案追究制所带来的困境为切入点

The Construction of the Judge’s Professional Ethical Responsibility System:Taking the Dilemma Caused by the Wrongful Prosecution System as the Starting Point

错案责任追究制作为我国法官责任追究的主要模式,存在“错案”的概念和认定范围不清、“结果中心主义”影响法官判案以及归责机制不完善等问题,给司法责任制改革造成了一定的困难。与之相比,法官职业伦理责任制在有利于审判独立、规范法官惩戒委员会工作和承担责任方式多元化等方面有着天然的优势,因而逐渐被学界和实务界接受。推行法官职业伦理责任制,须通过提高相关法律效力位阶、加强职业伦理道德建设和发挥指导案例的示范作用等完善法官职业伦理的规范内容,在审议程序启动、听证、表决等方面规范法官惩戒委员会工作程序。

The production of wrong case accountability is the main mode of accountability of judges in our country,there are problems such as the concept of"wrong case"and the unclear scope of determination,"result centerism"affecting the judge's judgment and imperfect accountability mechanism,which have caused some difficulties to the reform of judicial responsibility system.In contrast,the professional ethics responsibility system of judges has natural advantages in favor of the independence of trial,the reasonable operation of the judges'disciplinary committee and the diversification of the way of responsibility,which is gradually accepted by the academic and practical circles.If we carry out the system of professional ethics responsibility of judges,we must improve the normative content of judges'professional ethics by raising the level of relevant legal effect,strengthening the construction of professional ethics and exerting the exemplary role of guiding cases,and regulate the working procedures of the judges'disciplinary committee in the aspects of deliberation procedure,hearing and voting.