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在新一轮的司法改革中,司法责任制度处于一个基础性的地位,被称为改革的“牛鼻子”。构建和完善司法责任制,是司法公正的重要保障,是权责统一原则的必然要求。建立起规范的法官责任追究方式,完善法官追责立法、统一法官责任追究主体,规范法官责任追究程序,从而防止法官责任追究的随意和专断。我国法官责任制度的建设完善需要充分认识到法官追责制的程序的惩戒价值和保障价值双属性,要将追责程序充分引入到制度建构的理论指导层面,并落实到司法实践的过程之中。本文试图从法官追责的程序角度提出具体措施,以期对当前法官责任制的完善有所帮助。
In the new round of judicial reform, the system of judicial responsibility is in a fundamental position and is called the “reformist”. Constructing and perfecting the judicial responsibility system is an important guarantee of judicial fairness and an inevitable requirement of the principle of unification of rights and responsibilities. The establishment of a standardized way of investigating the responsibility of judges, improving the legal liability of judges, unifying the principal of responsibility investigation and standardizing the procedure of investigating the responsibility of judges, so as to prevent arbitrary and arbitrary judgment of judges. The construction and improvement of the judge’s responsibility system in our country needs to fully understand the dual value of the disciplinary value and the safeguard value of the procedure of the judge’s accountability system. It is necessary to fully introduce the procedure of accountability into the theoretical guidance of the system construction and to implement the judicial practice . This article attempts to put forward specific measures from the point of view of the procedure of judge’s responsibility, with a view to helping to improve the current judge’s responsibility system.