Research On The Principle Of Correcting Every Wrong Under The Vision Of Judicial Rules

As the guiding ideology of the retrial system of our country, the principle of correcting every wrong is not only widely recognized in the judicial system, but also considered as an important principle of justified by many people. Especially in recent years, with a series of falsely and unjustly repudiated cases which caused widespread concern in the community have been changed the original sentence, the principle of correcting every wrong did not fade because of the reform of trial supervision procedure and the improvement of prevention and correction mechanism of misjudged cases. Its position is still solid.In order to re-examine the principle of correcting every wrong, it will be placed in the vision of judicial rules. This paper will explore the performances of how the principle of correcting every wrong is against the judicial rules when the principle is created, developed and applied with the judicial rules as the standard. Then I will make a theoretical analysis of it.To the general requirements of justice, the judicial rules include three major areas. They are the basic attribute of the judicial power, judicial procedural justice, and judicial substantive justice. On this basis, this paper starts from the process of the generation and development of the principle of correcting every wrong. With the influence of Chinese traditional legal culture, the principle of correcting every wrong combines with the ideological line of the Chinese Communist Party, which is called "seeking truth from facts". They were established in the field of justice by correcting the wrong cases brought by a series of political movements. Then they developed into a principle which marked the new tradition of socialist legal system. There are contradictions between the principle of correcting every wrong and the judicial rules when the principle is created and established. But the principle has a natural affinity with the Chinese traditional legal culture, and plays an active role in solving the problems left over from history. It also satisfied people’s recognition of the justice of the judicial judgments. So the principle has never been completely abandoned.In judicial practice, for the realization of the substantive justice of the case, adhering to the principle of correcting every wrong has played a positive effect. But the retrial system, which is guided by the principle of correcting every wrong, is facing difficulties in many aspects. The principle has not adapted to the current judicial system. To insist on this principle, we must pursue the absolute truth of the facts of the case. In this way, there are contradictions between the three aspects of the judicial rules and this principle, and it’s at the expense of the efficiency value of justice. But the principle of correcting every wrong may not be able to realize the judicial justice at that price.In the current judicial system in China, the key question of where the principle of correcting every wrong should go lies in how to understand the "wrong", how to explain the "wrong", and how to classify the "wrong". About the future development of this principle, on the one hand, we must establish the scientific understanding of the judicial rules, especially the fallibility of justice. On the other hand, the legal departments need to improve the prevention and correction mechanism of misjudged cases in the system, for example, distinguish between "wrong" that is beneficial to the convicted persons and "wrong" that is harmful to the convicted persons. Establish a scientific and reasonable mechanism of judicial correction based on the process of judicial reform. In simple terms, the process of judicial reform is the process that the judicial system is more and more consistent with the judicial rules. And this process implies the development of the judicial correction mechanism which will be more and more consistent with the judicial rules.