法官错案追责若干疑难问题研究

发布时间：2018-06-24 03:47

本文选题：法官追责 + 错案追究　；参考：《甘肃政法学院》2017年硕士论文

【摘要】：近十几年来,随着一些影响较大的错案的出现,我国法官追责制度的构建被提上日程。纵向来看,从夏朝开始到清末时期,我国已基本形成了比较完备的法官追责制度,虽然经过了近代的混乱时期,但是依然为我国现行法官追责制度的构建提供了丰富的经验。横向来看,域外国家主要通过两大措施来应对错案问题,即建立严格的法官选拔制度,提高法官的职业素养来预防错案的发生和具体成熟的法官追责制度,严格的法律制度约束法官的裁判行为,而且域外法官责任追究始终以保障司法独立为核心。回顾历史,总结经验,比较借鉴域外法官制度,都有利于现代我国法官追责制度的构建与完善。当前我国为降低错案发生率而构建的法官追责制,仍存在一些问题,如追责结果行政化、法官追责标准模糊、责任追究程序混乱、法官追责制度溯及力适用问题、法官履职保障不足等。通过对法官追责问题原因的分析以及对现有的我国法官追责制度的解读,以对莫兆军案一二审判决结果不同的分析以及呼格案追责结果的分析为例,找寻解决问题的方法。为此,应当以下几个方面入手,进一步完善我国的法官追责制度,保障司法公正的实现。包括构建法官责任相对豁免制度、建立专门的法官追责立法以明确错案标准、解决法的溯及力的问题、规范法官追责程序、提高法官追责救济保障效力等。
[Abstract]:In the past ten years, with the emergence of some wrong cases with great influence, the construction of the system of pursuing the responsibility of judges in our country has been put on the agenda. Vertically, from the beginning of Xia Dynasty to the end of Qing Dynasty, our country has basically formed a relatively complete system of pursuing the responsibility of judges. Although it has passed through the chaotic period in modern times, it still provides rich experience for the construction of the current system of pursuing responsibility of judges in our country. Horizontally, foreign countries mainly adopt two measures to deal with the problem of wrong cases, that is, to establish a strict system of selecting judges, to improve the professional literacy of judges to prevent the occurrence of wrong cases and to establish a specific and mature system of judges' accountability. The strict legal system restricts the judge's adjudicative behavior, and the foreign judge's responsibility investigation always regards the protection of judicial independence as the core. Reviewing the history, summing up the experience and drawing lessons from the foreign judge system are all beneficial to the construction and perfection of the judge's responsibility system in modern China. At present, there are still some problems in the system of pursuing responsibility of judges in order to reduce the incidence of wrong cases in our country, such as the administrative result of the pursuit of responsibility, the ambiguity of the standard of the pursuit of responsibility of judges, the confusion of the procedure of investigating responsibility, and the retroactive application of the system of pursuing responsibility of judges. Inadequate protection for judges in the performance of their duties. Based on the analysis of the causes of the problem of judges' pursuit of responsibility and the interpretation of the existing system of our country's judges' pursuit of responsibility, this paper takes the analysis of the different results of the first and second instance of the Mo Zhaojun case and the analysis of the results of the case of the Huge case as an example to find a solution to the problem. Therefore, we should start with the following aspects to further improve the system of our country's judges' pursuit of responsibility and ensure the realization of judicial justice. It includes constructing the relative exemption system of the judge's responsibility, establishing the special legislation of the judge's responsibility to clarify the standard of the wrong case, solving the retroactive problem of the law, standardizing the procedure of the judge's pursuing the responsibility, improving the guarantee effect of the judge's remedy of the pursuit of the responsibility, and so on.
【学位授予单位】：甘肃政法学院
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D926.2

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