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5 Mod. L. Rsch. 1 (2024)

handle is hein.journals/mdnlwrsch5 and id is 1 raw text is: Modern Law Research Vol.5 Iss.1 2024 https://doi.org/10.37420/j.mlr.2024.001 Research on the Judicial Accountability Subject Model in China Jun Meng* Law School, Beijing Normal University, Beijing, China *Corresponding author,E-mail: mengjun@bnu.edu.cn Abstract Judicial accountability is essentially a form of supervising judicial power, and the judicial accountability subjects can be divided into the internal accountability subject and the external accountability subject. The objects ofjudicial accountability in China include judges and prosecutors. After undergoing judicial system reform and legal changes, China hasformed a diversified accountability mechanism consisting of the People's Congress and its Standing Committee, Oversight Commission, Judicial Organs, and Judicial Disciplinary Committee. China has achieved a transformation from traditionally focusing on the internal accountability to a coexistence model of the internal accountability and the external accountability. At the same time, itfaces the problem of coordination among various accountability subjectsfor different accountability reasons, which needs to befurther improved through reform. Keywords Judicial responsibility, Accountability subjects, Accountability model, Reasonsfor accountability 1.Introduction Judicial power, as a form of state power, may be abused or even lead to judicial corruption, thereby jeopar- dizing judicial credibility. Judicial personnel, as the main implementers of judicial power, bear disciplinary, legal, and professional ethical responsibilities in judicial activities. The scope of Chinese judicial personnel includes judges and prosecutors. The judicial accountability system is one of the elements to control the abuse of judicial power by judicial personnel. A sound judicial accountability system is an effective way to eliminate illegal judicial behavior by judicial personnel, curb judicial corruption, and achieve independent judiciary and judicial fairness. The core content of the judicial accountability system includes several aspects such as the scope of judicial responsibility, the form of judicial responsibility, the subject of judicial accountability, and the procedure of judicial accountability. Among them, the subject of accountability and the specific procedure of accountability constitute the mechanism of judicial accountability procedure, which is the way and guar- antee to implement the judicial responsibility of judicial personnel. Scientific and rational allocation of judi- cial accountability subjects is an important prerequisite for the implementation of the judicial accountability system, and it is also an inevitable requirement to follow judicial rules and achieve the rule of law in judicial accountability. cc C 2024 by the author(s); licensee Mason Publish Group, this work for open access publication is under the Creative Commons Attribution International License (CC BY 4.0). (http://creativecommons.org/licenses/by/4.0/) 1

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