The Reflection And Reconstruction Of The Responsibility Investigation System Of Misjudged Criminal Cases In China

Occurence of misjudged criminal cases will not only violate the legitimate rights and interests of the parties, also damage the authority of law and justice and cause serious adverse effects on the overrall stability of society. One of the hot spots and demands of the current judicial reform is to promote the strict judicature and to carry out the judicial responsibility. In the third and the fourth plenum of the 18 th CPC central committee emphasized the establishment of responsibility investigation of misjudged cases. This is because it not only related to correct a series of problems associated with the misjudged criminal cases, but also reflects the determination and strehgth of the state law to punish the judicial corruption and promote the judicial level. However, the system of investigate the responsibility of the misjudged criminal cases in the current social transformation background and judicial operation exposed mang problems. To further improve the system is beneficial to the stability of social order and the improvement of judicial credibility. In this paper, the judicial reform as an opportunity for reviewing and reflecting the responsibility investigation system of the misjudgedcriminal cases in China, some wokable proposals on the construction of the system is expected to put forward.This paper is carried out according to this logical thinking. Firstly, giving a definition of what is misjudged criminal cases and the responsibility of misjudged criminal cases and excluding the circumstances that do not belong to it throuth the semantic analysis method, this is the basic and key question of the system of investigate the responsibility of misjudged criminal cases. And sorting out the development process of the system by using the historicial investigation method and summarizing the characteristics of each stage. Through this way we can more clear understangding the system has a profoung historical background in our country, followed by extended its legitimacy in our country. Secondly, reflecing the system of investigate the responsibility of the misjudged criminal cases and facing the defects and revealing the cognitive errors and operational flaws existed in it. Because this system causes long-term blockade to the judicial work and the negtive effects of it due to the effectiveness of the elimination in mang aspects. So now more need to adapt to the trend of judicial reform to achieve the original intention of the system. Finally, analysising how to construct the system of investigate the responsibility of misjudged criminal cases by using comparative analysis method. After introducing the foreign system, the author believes that the most fundamental is starting from the judical practise of our country and we should be first to improve the relevant conditions in the current transition period. And we should reflect on the western system when we want to learn from it. Only in this way can we make a better reconstruction of the system of investigate the responsibility of criminal misjudged cases and put foward the enforceable and reasonable plan.