On The Empirical Analysis And Legal Significance Of Criminal Impact Litigation In2005-2009

The so-called impact litigation, refers to the case that its value beyond a party tothe case, that can promote the similar cases, the perfection of legislation, judicial andsocial management system as well as the improvement of the people’s legalconsciousness. The paper tries to get a full view of the criminal impact litigation fromannual, regional, the accusation and the legal problems reflecting law characterization,tries to make these data reveal the current Chinese criminal law.Social contradiction is the root cause of the criminal impact litigation’s rise andformation. How much of public issues or social issues will form the number ofcorresponding criminal impact litigation. The strategy of rule by law is anotherimportant social background factor of the criminal impact litigation’s form. In the eraof network and information society, media and the public is indispensable power ofmaking influential of a case. In fact, in our country, the main forces of manufacturingprocedure influence are the media and the public rather than judicial organs.Legal significance of criminal impact litigation is mainly embodied in threeaspects: testing the defects in legal system and operation effect and realizing the legal’sinnovation; promoting correct justice and judicial unity and strengthening the judicialauthority; promoting the social legal consciousness. The first significance refers to thatthe criminal impact litigation can improve the litigation, amendments and abolish oflaw, which is the most important significance of criminal impact litigation. Impactlitigation has the significance of promoting justice unity and strengthening the judicialauthority, because the impact of litigation can be a precedent case, which guide thejustice of similar cases. However, we should also take a rational view of the influenceof the case. In every criminal impact litigation, in addition to the participants in theproceedings, the public’s concern, widely discuss and the intervention of media, addingfuel to the flames, disseminate the legal concept and legal awareness: excavatingcritical spirit on the unreasonable system; promoting the concept of procedure justice;strengthening the security concept of human rights.