The Standard Of The Criminal Wrongful Convictions And The Responsibility

In recent years, wrongful convictions occur in our country frequently and led to a heated discussion in circles of the society. Wrongful convictions not only damage the interests of the parties and make them in jail falsely, but also damage the public credibility of the judiciary and affect the process of judicial modernization in China.To prevent the occurrence of wrongful convictions, our country has been making efforts, for example, we issue the system of misjudged case investigation and the system of job responsibility of judges. Although these measures made a normative and improving impact, they can't prevent wrongful convictions from happening. Only understanding wrongful convictions deeply, can we solve this problem and change the current state. This paper starts from ambiguous wrongful convictions' definition,distinguishs the difference between the misjudged cases and similar concepts, and analyzes the reasons of wrongful convictions from the perspective of the judge individual subjective aspects, external factors and institutional problems. Secondly,summarizes the stardard of wrongful convictions referee on the basis of academic point of view, including Two aspects of both objective and subjective standard;Thirdly, from the value of the wrong case imputation basis and imputation principle to elaborate the status of China's current imputation. This paper argues that the theory basis of imputation misjudged cases behind lies in the restriction of power and the guarantee of human rights, embodied in the imputation principle is that the judge is fault liability principle, and the courts bear no-fault principle. Finally, combined with practical analysis and misjudged cases imputation of deficiency, I Put forward the proposal from the wrong case definition standards, accountability mechanism and procedure.