Research On Criminal Misjudged Cases Responsibility System In China

Judicial justice is always the core of the legal system construction. After the 15 th National People’s Congress, to deepen reform of the judicial system, our country emphasizes we should institutionally ensure that judicial organs exercise their powers independently in accordance with the law, and establish the grievance, wrong case responsibility system. The system of investigation of the responsibility for judicial errors is to strengthen the supervision of criminal judicial personnel, in case violation behavior and cause of misjudged cases appeared in the process of judicial personnel, shall be investigated for the relevant law responsibility. Establishing the system is to strengthen the judicial organs at all levels, to build a clean government, strengthen the case-handling personnel responsibility, so as to improve the level of law enforcement, ensure working quality, provides strong institutional guarantee for justice. Due to its specific target and the function, it has some corresponding characteristics. In order to establish the system, it has to combine the relevant system in the history, and analyzed the different characteristics of the foreign system of judicial responsibilities related to find what we can learn from to seek development and perfection of our country’s current system.There are a lot of controversies at the beginning of the system established, after years of practice, the debate whether it should exist has never stopped. Considering the running effect, although it produced some positive aspects, due to the theoretical concept of misjudged cases identified, as well as the operation of metaphysics, resulting in a lot of problems to be solved. In this case, the current run of criminal misjudged cases responsibility system is also difficult. Our country is experiencing a rapid development period of social transition, the judicial work is playing a more and more important role in the process of social change, and developed a lot of judicial corruption, it directly touched on the authority of the laws of the state, it has affected the judicial justice. Misjudged cases occurred frequently in recent years, some of the problems of unreasonable operating system also appeared, and even appeared adverse effects deviating from its original intention. Considering the improve the overall level of the judicial personnel and the construction of the country under the rule of law can not lack of institutional guarantee, so it is necessary to investigate the current actual operation situation of criminal misjudged cases responsibility system and improve them constantly.In order to provide the legal basis of running system smoothly, it’s imperative to formulate an unified law. We should set up on the basis of the fault liability of misjudged cases responsibility instead of the basis of entity misjudged cases of wrong ideas. We need to identify the cognizance of criminal misjudged cases institutions and misjudged cases responsibility agencies. We need to identify the wrong case responsibility scope and shall be investigated for responsibility of the program. We should guarantee the legitimate rights, the judiciary review hearings and objection to appeal procedures. Anyhow, we will comprehensively build a scientific, reasonable, fair and effective system of misjudged cases responsibility system, to deepen the reform of the judicial, improve the level of the judiciary case, safeguard judicial justice, and reshape the judicial authority to provide institutional guarantee.