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On The Fact Standard Of Misjudged Cases Within The View Of Criminal Judicial Review

Posted on:2007-11-23Degree:MasterType:Thesis
Country:ChinaCandidate:K C GuanFull Text:PDF
GTID:2166360218950907Subject:Law
Abstract/Summary:PDF Full Text Request
Several astonishing misjudged cases have been revealed to the public in the recent years. The magnitude of the exposure not only has caused the public to have a skeptical view on the progress of rule of law, but also caused the juridical people to have puzzled views regarding misjudged cases and its prevention. Actually, the term "misjudged case" itself is rather general and ambiguous, since its definition can have great uncertainty and possibility. This article narrows the meaning of "misjudged case" to "criminal misjudged case". The author argues that misjudged case is a kind of cost that can not be avoided in the process of legal administration, no matter in developed countries or in developing countries. Therefore, the first part of the article deals with the factors that may cause misjudged cases. Because the standard of proof is closed related to the misjudged cases, the author also looks into the deficiency in the standard of proof in our criminal law system.In part two, the author illustrates the types of "complex and difficult cases", which are common examples of misjudged cases in practice, and the degree of "complexity and difficulty" corresponding the standard of proof. By discussing typical misjudged cases and based on the presumption of innocence, the author analyses our judgment making process in practice and expresses his opinion on how to deal with other factors rationally in decision making.While in theory, all misjudged cases should be reheard or corrected, which is the requirement of the justice and relief attributes of the law. But besides that, the law should also enjoy the attribute of authority and stability, otherwise, the law should be regarded as "bad law". The idea of "all mistakes should be corrected" in our criminal judicial review system greatly harmed the value of stability of law. So in part three, the author examines the theory basis of the system and its value, analyzes the difficulties of setting up the conditions of the review, and demonstrates the standard of facts in misjudged cases review. Summing up, the author tries to reconstruct the practical causes for criminal judicial review.
Keywords/Search Tags:standard of facts, complex and difficult cases, standard of proof, practical causes
PDF Full Text Request
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