The rules for investigating the responsibility of judges for misjudgment are as follows:
1. When a judge decides whether a case is established, it must be determined through legal documents, such as remanding the case for retrial, changing the sentence after being accepted by a higher court, etc.
2. If a judge makes a wrong judgment and causes certain losses, the person directly responsible shall bear the losses, not the judge. The losses caused by the case shall be borne by the responsible person after the new judgment;
3. The misjudged judge has committed illegal and criminal acts such as perverting the law, and his responsibility is dereliction of duty, not direct loss of the case;
4. The alleged crime of bending the law for selfish ends refers to judicial officer bending the law; People who know that they are innocent, prosecuted, and guilty, deliberately cover up their actions of not being prosecuted, or deliberately violate facts and laws in criminal trial activities.
Be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than ten years.
A judge shall perform the following obligations:
(1) Strictly abide by the Constitution and laws;
(two) the trial of cases must be based on facts, take the law as the criterion, handle cases impartially, and do not bend the law;
(three) to protect the litigation rights of participants in litigation according to law;
(four) to safeguard the public interests of the state and society, and safeguard the legitimate rights and interests of natural persons, legal persons and other organizations;
(five) honest, loyal to their duties, abide by discipline and professional ethics;
(6) Keeping state secrets and judicial secrets;
(seven) accept legal supervision and supervision by the masses.
Judges enjoy the following rights:
(a) the functions and powers and working conditions that a judge should have to perform his duties;
(two) to hear cases according to law, without interference from administrative organs, social organizations and individuals;
(3) It shall not be dismissed, demoted, expelled or punished without legal reasons or legal procedures;
(four) to obtain labor remuneration and enjoy insurance benefits;
(five) personal, property and residential safety are protected by law;
(six) to participate in training;
(seven) to lodge a complaint or accusation;
(8) Resign.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: People's Republic of China (PRC) Criminal Law.
Article 399
Bending the law, a judicial staff member of the crime of bending the law for selfish ends, is sentenced to fixed-term imprisonment of not more than five years or criminal detention if he makes a person who knows that he is innocent be prosecuted, intentionally shields a person who knows that he is guilty from prosecution, or intentionally violates facts and laws in criminal trial activities; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than ten years.