Power And Responsibility Division For Court In Difficult Case Justice

The diffcult cases' number is low in the justing cases of courts, but it ownes very improtant significance especially in China now. The difficult case justice is conspicuous for rule vacancy in social change and public trust lack for judge. There are 2 modes for the difficult case treatment: 1. judgeing by case-accepting court itself and 2.Requesting to the higher court. furtherly considerling, The difficult case justice results is dividend by 4 kinds specially: 1.The court refuse to accept by 'finding no reason in law'; 2.The accepting-court judges by itself; 3.Under Supreme Court reply, the court judeges; 4. The court judeges according to the higher court's views. But, neither of the four kinds could ensurence equal and just during the difficult case justice. When judge can't solve the law loophole problem anyway, we should think about power and responsibility division of the Trial Class in difficult case justice. From some special cases, this paper observes the prent justice status of difficult case in China, analyses the correlation between justice difficult status of difficult cases and power and responsibility division of the Trial Class for solving the law loophole problem, and put forwards some suggests for power and responsibility reapportionment for solving the law loophole problem...