违法审判追责制度存在的问题与完善

The Problems and Perfection of the System of Accountability for Illegal Trials

违法审判追责制度经历了错案责任追究制度到违法审判责任追究的演进,但现有追责制度存在设计理念“重实体、轻程序”、追责判准不统一、追责主体不中立、责任区分模糊等问题。通过建立法官惩戒制度,树立“实体与程序并重”的理念,建立“追与免”归责原则,确保审判权独立与权责统一,进而构建“层次化”的追责判准,完善违法审判追责程序。

The system of accountability for illegal trials has experienced the evolution from the system of accountability for wrong cases to the system of accountability for illegal trials,however,there are problems with the existing accountability system,such as the design concept of“focusing on entities but not on procedures”,the lack of uniformity in the judgment of accountability,the lack of neutrality of the main body of accountability,and the blurred distinction of responsibilities.Through the establishment of a disciplinary system for judges,the establishment of the concept of“equal emphasis on entities and procedures”,and the establishment of the principle of“pursuit and exemption”,to ensure the independence of judicial power and the unity of power and responsibility,and then build a“hierarchical”judgment criteria for the accountability,and improve the accountability procedure for illegal trials.