略析错案追责与司法豁免

An Analysis of Misjudged Cases Accountability and Judicial Exemption

严苛的追责态势容易诱发司法人员消极履职以规避职业风险,在强调错案追责的同时应赋予办案人员以司法豁免权,符合"期待可能性"理论的宗旨。当司法人员获得办案责任的豁免权之后,职业纪律责任继而充当了一种必要的补充。对司法人员的惩戒视角应从对案件实体结果的关注转移到对司法人员职业行为的监控上来,打破以往责任追究"唯结果论"的怪圈,建立以司法人员职业伦理规范为核心的新型追责模式。

Strict accountability tends to induce judicial officials' negative roles in their work so as to avoid professional risk.While emphasizing on misjudged cases accountability, we should give the case handlers judicial immunity, which conforms with the aim of the theory of anticipated possibility. Professional discipline responsibility,in turn, serves to be a necessary complement after judicial officials' getting access to the immunity of case handling responsibility. Disciplinary punishment of judicial officials calls for transferring of our attention to case entity results to supervision of judicial officials' professional behaviors, breaking the previous consequentialism in accountability system, and constructing a new type accountability model with judicial officials' professional ethics norms as the core.