深化司法体制综合配套改革背景下的刑事诉讼法律责任与司法责任制

Legal Liability in Criminal Procedure and Judicial Responsibility System under the Background of Deepening the Comprehensive and Integrated Reform of the Judicial System

司法责任制作为司法体制改革的"牛鼻子",主要包括职权配置、责任承担和错案责任追究三个方面内容。刑事诉讼法律责任作为刑事诉讼法律关系主体违反法定的诉讼程序或法律禁止性、强制性规范所应当承担的一种不利后果,与司法责任既有联系,又有区别。深化司法体制综合配套改革,全面落实司法责任制,需要完善刑事诉讼法律责任,包括将实践检验成熟的司法责任制内容上升为《刑事诉讼法》规范,结合司法责任制要求修改完善《刑事诉讼法》相关诉讼法律责任规范,同时,加强司法人员业务培训,努力提高他们忠实履职尽责的理念与能力,并持续深化以审判为中心的刑事诉讼制度改革,严格实行错案责任倒查问责制。

As the essence of the reform of the judicial system, judicial accountability mainly includes three aspects: the allocation of judicial authority, the assumption of legal responsibility, and the investigation of misjudged cases. Legal liability in criminal procedure is an adverse consequence that the subject of legal relationship in criminal proceedings should bear for violation of due process, prohibitive norms, and peremptory norms which is not only different from but also related to judicial responsibility. Carrying out comprehensive and integrated reform of the judicial system and enforcing judicial accountability in all respects require the improvement of legal liability in criminal procedure, including formulating the content in judicial responsibility system which is proved and perfected by practice into codes of Criminal Procedure Law as well as amending and improving related regulations concerning legal liability in Criminal Procedure Law taking into account the requirements of judicial responsibility system. Meanwhile, we should strengthen vocational trainings for judicial personnel to promote their vision and capability of faithfully fulfilling their obligations. Besides, we should continue to comprehensively deepen the reform of the trial-oriented criminal procedure and strictly implement the accountability system of investing misjudged cases.