司法責任制改革中的法官問責－－兼評《關於完善人民法院司法責任制的若干意見》

On Judge Accountability under the Reform of Judicial Responsibility System: Along with Comments on the Opinions on Improving Judicial Responsibility System in People's Courts

傳統司法實踐中，法官問責名目混亂。法官責任的性質應當是一種“辦案責任”，或者“司法過錯責任”。法官問責制度的建構應當採取以下原則：錯案責任追究嚴格化；信訪責任追究退隱化；紀律責任追究實效化；法官問責規範統一化。此外，應當確立“二元雙層”的法官問責基準，並採取宏觀與微觀相結合的方式 建構法官責任豁免制度。《關於完善人民法院司法責任制的若干意見》對法官問責的規定定位欠妥，範圍失當，缺乏對違紀審判責任、違法違紀執行責任的規範，法官問責基準不明晰，尚未建構起一個內容全面、體系合理的法官問責制度，難以有效地矯正法官問責的實踐偏差。應當研究出台一部“法官懲戒法”。

In traditional judicial practice, there was a lot of confusion on judge accountability. The nature of judge responsibility should be a 'case-handling responsibility', being collectively referred to as 'handling quality accountability' or 'judicial fault accountability'. The construction of judge accountability system should take the following basic strategies: strict misjudged cases accountability; dependent letters and visits accountability; effective discipline accountability; unified judge accountability norms. Besides, 'dualistic and two-layer' judge accountability criteria and a judge liability exemption system should be established. The provisions about judge accountability in the Opinions on Improving Judicial Responsibility System in the People's Court not only had an improper position, but also covered an improper range, and lacked provisions on accountability of discipline violation, as well as accountability execution. A judge accountability institution with complete content and a reasonable system has not been constructed yet, which inevitably results in difficulties in correcting practical deviation of judge accountability, so that it's emergent to study and issue a unified Judges Disciplinary Law.