Renmin Chinese Law Review
Show Less

Renmin Chinese Law Review

Selected Papers of The Jurist (法学家), Volume 6

Edited by Jichun Shi

Renmin Chinese Law Review, Volume 6 is the sixth work in a series of annual volumes on contemporary Chinese law which bring together the work of well-known scholars from China, offering an insight into current legal research in China.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 8: Judge accountability and reform of the judicial accountability system in China

Zhou Changjun

Abstract

In the judicial practice of the past, judge accountability was in a mess. The nature of judge accountability should be “adjudication accountability”, or “judicial wrongs accountability”. The basic principles for the construction of the judge accountability system should include the following: strict mistrial accountability, abolition of petition accountability, efficiency-bound disciplinary accountability, and unified legislation of judge accountability. Besides, duality and two-tiered criteria for judge accountability should be established, and an exemption system of judge accountability should be constructed through the combination of macroscopic aspects and microcosmic aspects. The provisions concerning judge accountability in the Opinions on Improving the Judicial Accountability System of the People’s Court are improper in definition and in coverage range. The norms for discipline violation accountability and illegal execution accountability are missing, while the criteria for judge accountability are not clear. A comprehensive and structurally rational system for judge accountability has not been constructed. Therefore, it is difficult to effectively correct the practical issues in the imputation of judge accountability. It is legitimate to enact a unified Judge Disciplinary Law.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.


Further information

or login to access all content.