On The Lifelong Accountability System Of Misjudged Criminal Cases In China

Eighteenth CPC fourth plenary session (referred to eighteen Fourth Plenary Session) around the core of the agenda is to study major issues comprehensively promote the rule of law. According to the Constitution in the background, according to the law to promote legal reform, promoting legal construction, to build a great and powerful socialist country and make unremitting efforts for the realization of the great Chinese dream and continue to move forward. This series of requirements are to correct judicial errors prevent judicial misconduct laid a solid theoretical foundation, research and lifelong accountability system of criminal misjudged case will also achieve this goal contribute.Justice for enforcement exist in the wrong case, the problem of injustice, and the Central Political and Law Commission issued guidance on the effective prevention of miscarriages of justice, asked the judge, prosecutors, people’s police in handling cases within the purview of the quality to be life-long responsibility to guide observations the proposed theory and practical experience accountability mechanisms miscarriages of justice as the basis for the issue of criminal misjudged cases increasing exposure, the study of criminal misjudged cases lifelong investigation system feasibility and implementation issues, in order to promote sound development of legal construction.In this paper, the first of the criminal concept wrong case to define, analyze, and the impact of criminal misjudged cases caused by reasons of criminal misjudged cases arising; Secondly criminal misjudged cases lifelong investigation system in the context of the meaning and development summarize; Finally, the criminal misjudged case Lifetime Contact accountability system and the difference between the misjudgments accountability system, lay the foundation for the construction of criminal misjudged cases lifelong investigation system.The second of criminal misjudged case for building lifelong accountability system the necessity and feasibility analysis. Construction criminal misjudged cases lifelong investigation system is building a socialist country ruled by law a necessary requirement, but also a concrete manifestation of laws principles; to misjudgments accountability system was constructed based on criminal misjudged cases lifelong investigation system will have a wealth of practical experience, and our country since ancient times the pursuit of social justice, popular notions of fairness and justice, tobuild a criminal misjudged cases lifelong investigation system provides the basis for the concept.The third of the analysis to be constructed on the current plight of criminal misjudged cases lifelong investigation system in order to better the construction of social doctrine contribute to the rule of law. Imposing criminal misjudged cases lifelong investigation system may reduce the enthusiasm of judicial officers will also to some extent contrary to the law of justice.The last of criminal misjudged cases lifelong accountability system built specifically contemplated, including the introduction of the system to achieve the requirements imposed, the implementation of the program, in addition to the construction of criminal misjudged cases lifelong investigation system associated with the laws and regulations of the norm, the case information system, reform of the judiciary in handling cases and so do the ways described. Each system can not be perfect, the construction of which requires further support mechanisms, but also in the reform constantly change. To build a criminal misjudged cases lifelong investigation system, the paper also draws on the experience of the United States and Japan and other developed capitalist countries.Building a high quality team of legislation, law enforcement personnel, judicial personnel, improve the judiciary and the legal concept of professionalism, focusing on the protection of human rights, to promote the development of the socialist country ruled by law, and to promote social progress, the judicial reform is the need to build the road to complete the task. Criminal misjudged cases lifelong investigation system construction and implementation, it is possible to keep building the judicial legal bottom line. "Justice may be late, but not absent." This is certainly the biggest criminal misjudged cases lifelong investigation system exists, is the implementation of criminal misjudged cases lifelong investigation system is all about. Each criminal case is the parties freedom or life decision, once the error will cause irreparable damage to the party’s life, imposing criminal misjudged cases lifelong investigation system can improve alertness judicial investigators to the maximum extent, reducing and avoid criminal misjudged cases occur frequently.Thus, according to the provisions of article eighth spirit of the Fourth Plenary Session of the existing laws and regulations, judicial practice experience, and draw on relevant legislation and practice in operating abroad, in order to establish a sound criminal misjudged cases lifelong investigation system as the goal, to explore theconditions of our country development path of the rule of law, for the protection of citizens’ personal and democratic rights to make unremitting efforts for the protection of human rights to contribute.