A Study On The Institutional Conditions Of Realizing Case Justice

Justice is the eternal value pursuit of human society, and the excellent quality of the legal system. In the realization of social fairness and justice, the judicial justice is in the key position. In addition, the highlight of judicial justice and the promotion of judiciary credibility, depend on a specific case of a fair ruling. Therefore, to ensure the justice, enhance the judiciary credibility, and build a socialist country ruled by law, we must rely on the individual case justice.The individual case justice is on the basis of universal justice, comprehensive consideration of the actual situation of specific cases, to make proper and reasonable arrangements for the interests of both parties in a specific case. The individual case justice is the concrete and individual of universal justice. In many factors to realize the individual case justice, system condition is the core factor. Based on the criminal field, the following three major systems must be perfected to realize the individual case justice, namely no punishment for doubtful case system, illegal evidence exclusion system and misjudged case accountability system.The no punishment for doubtful case system is a necessary prerequisite for the realization of the justice of criminal cases, but in practice it often change as suspected crime from there, suspected crime from extenuated, suspected crime from hanging, and so on. Therefore, we should not only make a change from our notion, but also explicitly stipulated the principle of presumption of innocence in the general rules of our criminal procedure law. At the same time, we should balance the interests of different subjects in order to deal with the problems in practice, and protect the implementation of no punishment for doubtful case system.The illegal evidence exclusion system is the cornerstone of criminal case justice. However, in practice, the illegal evidence finally ruled out and the suspect has been declared innocent is very few. This is mainly because our current rules on the system are not specific, but also we are short of perfect prevention and supervision mechanism and supporting system. In order to ensure the smooth operation of the illegal evidence exclusion system, it is necessary to clear the identification standard of illegal evidence. At one time, we also need to provide the necessary supporting system, and build a long-term prevention and supervision mechanism.The misjudged case accountability system is reverse incentive to achieve the justice of criminal cases. But the current misjudged case responsibility investigation system is not unified, the subject of accountability is not reasonable, the procedure is not scientific, and so on, these causes result in investigate the responsibility for misjudged cases is very difficult. In order to ensure the system can be fully implemented in our country, we need to start from the following aspects:the Supreme Court established judicial interpretation, determine reasonable subject of accountability, establish a strict accountability procedures, time limit system and the judge’s right relief system, and adhere to the principle of responsibility.These three systems cooperate with each other, and can not be lack of any one, and jointly promote the realization of the case of justice in the criminal field.