Research On The Responsibility Investigation System Of The Misjudged Criminal Cases In People’s Court

In the ancient and modern in China and abroad, the occurrence of misjudged criminalcase is an inevitable judicial problem with the litigation activity proceeded. In criminalproceedings, as a judicial organ, masters the criterions for the conviction and makes thefinal judge of every criminal case. The judges in people’s court may cause criminal wrongcases in the process of criminal procedure by mistakes in ascertaining the facts andevidence, application of law and other mistakes. The responsibility investigation system ofthe misjudged criminal cases is a system that is used to publish the judicial persons who isattributable to the wrong case after the case is found. It plays an important role in curbingjudicial corruption, improving the quality of judicial acts, finally achieving the consistencebetween judiciary power and responsibility and the justice in judicial. In this paper, theresponsibility investigation system of the misjudged criminal cases in people’s court istaken as the research object. Taking the conception of misjudged criminal cases and theconnotation of the responsibility investigation system of the misjudged criminal cases as astart, the paper analyses reasons for the existence of this system in our country in aspectsof theoretical basis, practical factors, justice value and judicial background. Then thepresent situation and shortages on some fronts such as the standard, the scope, theresponsibility distribution and the institution about the responsibility investigation systemof the misjudged criminal cases in people’s court are discussed from a practicalperspective. On this basis and combining with the innovation and reformation of thesystem, the paper firstly suggests people’s court establish unified system of legal norms tolay the legal foundation for transition to judge disciplinary system. And then puts forwardsome suggestions on further perfecting the system by ways of developing uniformstandards, limiting the scope of investigating, equality in responsibility distribution,specification the form of liability and establishing neutral institution to investigatingliability.