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A Study On Misjudged Criminal Cases Lifelong Accountability System

Posted on:2017-05-11Degree:MasterType:Thesis
Country:ChinaCandidate:T T JiangFull Text:PDF
GTID:2296330509951633Subject:Law
Abstract/Summary:PDF Full Text Request
Every time when we found the misjudged criminal case,the hearts of the judicial officer and general public were hurted.So to speak,every misjudged criminal case was a human tragedy.All the times and in all over the world,tegulators and scholars pay attention to the seriousness of misjudged criminal cases.Theybult up the institution of presumption of innocence and the Miranda Rule,to prevent the misjudged criminal cases to take place.Besides,theybult up the misjudged criminal cases accountability system and the institution of judge undue behavior discipline,to reduce the misjudged criminal cases to take place.The misjudged criminal cases accountability system was set up since the 1990’s.This system acquired limited effect,butit was met with huge protests from both academia and practical circle.This article agree with that this system should continue exist from three point of view,which is :legal culture tradition、enhance judicial official responsibility consciousness 、 prevent judicial corruption to take for.This article introduce the constituent part of the misjudged criminal cases lifelong accountability system in the existing law institution.Combining justice practice of our country actual,analyzethis system’s problem in the law promotion.This article put forword four basic principle to implement and improve the misjudged criminal cases life long accountability system,which is equity principle、the principle of subject and object consistent、the principle of punishment accordance with responsibility、the publicity principle.This article analyze current law institution and put forward a series of proposals.Take the disunity of the legislation into consideration,the author suggest to enhance the legal hierarchy,sut up unified legal institutiongs,which including investigation personnel、procuratorial personnel、adjudicatory personnel.On the basis of comparative study of the institution of judge disciplinary punishment,thisartical suggest to bult up the court of the judicial official responsibility incestigation.Thisartical suggest to improve this system in three ways which is increase the modes of institute proceeding,realize dueling lawsuit,complete the relief system.
Keywords/Search Tags:misjudged criminal cases, judicial officer, the procedure of responsibility investigation
PDF Full Text Request
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