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The Research On The Judge Wrong Case Responsibility

Posted on:2016-10-14Degree:MasterType:Thesis
Country:ChinaCandidate:C ChengFull Text:PDF
GTID:2296330467494812Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Since the founding of new China, for how to standardize the judicial acts,judicial misjudged cases has been the question of how to prevent the meaning in thefield of justice. To the1990s, with the deepening of the trial mode reform anddevelopment of the power of the collegial panel and a judge alone have beenconstantly improved, but the exposed in practice a series such as the judge businessquality is low, abuse power for personal gains, such outstanding problems as law. Atthat time, the judge wanton or the judge willfully misconduct or judge corruptionbecome the target community. Clearly put forward in1997, report to the15thChinese Communist Party Congress made it clear that "promoting judicial reform,we should institutionally ensure that judicial organs to exercise adjudicative andprocuratorial powers independently and impartially according to law, build system ofgrievance misjudged cases responsibility." Intriguingly, the16th national congress ofthe communist party of China made no mention of the judge wrong caseresponsibility shall be investigated for the problem again. For the first time to thethird plenary session of the party’s18th points out,"with the rule of law as the theme,emphasis on promoting judicial strictly, adhere to based on facts and take law as thecriterion, promote the reform of trial centered lawsuit system, carrying outresponsibility system of case quality life and misjudged cases responsibilityconcerning accountability." Visible, shall be investigated for the judge wrong caseresponsibility contains the theory of the judicial supervision and judicial democracyand demands. Although, in practice has such as the shortcomings of one kind oranother, but not all veto judges the existence of the wrong case responsibility system.Especially in the context of modernization of the national macro-control ability, thejudges how to judge the wrong cases and responsibility problem superiority andinferiority, how to consider the judge wrong case responsibility shall be investigatedinto and back?In the face of this situation, first of all to judge what is wrong case responsibility clearly, at the national governance context of modernizationtransformation of the grand, judge wrong case responsibility and should be whatlook like? Obviously, some universal value is to be able to be turned on, but theauthor thinks that, more native, has more contrast effect of the "Chinese context"should become our key. As is known to all, wrong case has quite practicalharmfulness. Therefore, any society are reluctant to accept too many wrong cases,whether it is a procedural judicial errors, or substantive judicial errors, regardless ofwhether they are innocent man judicial errors, or misplaced criminal judicial errors.For judicial transformation in the context of China, and even more so. Frequent, tosay the wrong case status, performance characteristics, the deep causes andprevention and control mechanism to improve the degree, not only represent thetransformation of China’s criminal judicial reality operation of benign or not, butalso shows the necessity of the transformation of Chinese judicial system reform.As a result, the judge of the value of accountability wrong case basis andfeasibility analysis, for understanding the judge wrong case responsibility a judgeshould exist, to provide a great support. Specifically, the judge wrong casesresponsibility from the value of the foundation of the power to restrict, substantivejustice and procedural justice point of view of both the two main justification for itsexistence. For the feasibility analysis, from the context of understanding created thejudge wrong case responsibility problem context at that time, under the convertedfrom context, improved the judge wrong case responsibility problem.Finally, from the ways to judge wrong case responsibility put forward somesuggestions. Discuss and solve the theoretical dilemma, and then from the questionof the judge wrong case responsibility, put forward the legislative and judicialsuggestions.
Keywords/Search Tags:Wrong Case, The judge wrong case responsibility, Modernization of nationalgovernance, Value foundation, Chinese Context
PDF Full Text Request
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