A Reflection on “Let the Judge be Accountable” from the Perspective of Modernization of Trial Management

Abstract

The principle of “let the adjudicator judge, let the judge be accountable” lies at the core of judicial accountability system reform. Since the publication of the People’s Court The Fourth Five-Year Reform Outline of the People's Court System (2021-2025) issued by the People’s Court, over a decade of exploration and practical application has yielded significant progress. The principle of “let the adjudicator judge” has been more thoroughly implemented, ensuring that adjudicative power of statutory trial organizations, such as Sole Judges and Collegial Panels, is fully upheld. In contrast, the principle of “let the judge be accountable” has lagged behind due to constraints such as the construction of responsibility norms and the interpretation of the scope of accountability. These obstacles have led to ambiguities and inconsistencies in aligning adjudicative powers and responsibilities, ultimately compromising judicial quality and efficiency, inconsistencies in the application of the law, and minor cases triggering significant public sentiment. The internal essence of the "let the judge be accountable" principle lies in building a judicial accountability system that seamlessly integrates the clarification of responsibilities, the definition of accountability, and the enforcement of consequences. To address these issues, the mechanism for "letting the judge be accountable" should be enhanced by clarifying the logical prerequisite of accountability and responsibilities, solidifying the forms of accountability, and enhancing procedures for enforcing accountability. Additionally, by leveraging big data technology, strengthening digital empowerment, and advancing the modernization of adjudication management, we can advance the modernization of adjudication work.