Research On Criminal Misjudged Case Responsibility System

The problem of criminal misjudged cases has been a core problem,which is not only a serious violation of the legitimate rights and interests of the clients,but also damage of the judicial justice and public trust,and so the prevention of Criminal misjudged cases is an important task in the process of criminal procedure in China.How to avoid and reduce the occurrence of criminal misjudged cases,is the most urgent social problem today.The obvious requirements of the prevention of criminal misjudged cases is put forward in the Party's Third,the Fourth Plenary Session of the 18 th CPC Central Committee,“ Four-Five Reform Outline ” and judicial responsibility system reform,which raises the criminal misjudged case prevention and rectification work to a new level and also reflects the determination and strength of the correction criminal misjudged cases.The accountability system of criminal misjudged cases is an important part of the judicial responsibility system and of the prevention of misjudged cases.Whenever miscarriages of justice are corrected,it is the common aspiration of the parties and their families to carry out the responsibility of the relevant judicial personnel who misjudged the case.However,the current problems of the criminal misjudged cases accountability system in judicial practice have affected the realization of the value goal of the system.Therefore,to further improve the criminal misjudged cases accountability system,to improve the quality of handling cases and to enhance the credibility of the judiciary plays an important role.Therefore,in order to ensure the fairness and efficiency of the overall reform of the judicial responsibility system reform,the improvement of China's criminal misjudged cases accountability system must be carried out.This paper is divided into three parts to study the system of criminal misjudged cases.Part One is an overview of the criminal misjudged cases accountability system with a definition of the Criminal Misjudged accountability system firstly,which isthe basis for follow-up study of related problems of criminal misjudged cases accountability system;secondly,the criminal misjudged cases accountability system characteristics are analyzed;thirdly,the accountability system is set up in criminal misjudged cases social historical background in its existence value in three aspects:one aspect is to help curb judicial corruption,the another is to help improve the judicial personnel in the law enforcement level,and final aspect is to guarantee the realization of judicial justice.Part Two is the analysis of existing problems and causes of China's criminal misjudged cases accountability system mainly from the angle of practice.The first problem is the responsibility system of criminal misjudged cases,mainly the problem of unified standards,the division of responsibilities,the justice principles in contrary responsibility of misjudged cases;The second is the cause analysis of the problem of criminal misjudged cases responsibility system,the fact of the standard and legal standard with uncertainty and lack of unified criminal misjudged cases provisions.Part Three is to deal with some feasible suggestions in our country's criminal misjudged cases accountability system,one aspect is the precondition for the judicial personnel responsibility for misjudged criminal misjudged cases,unified standards,adhere to the unity of subjective and objective and the misjudged case placed on the said specific background on consideration,thus reducing the real cases original,lay the foundation for accountability,another aspect is division of responsibility among the leaders,the case handling personnel and the auxiliary personnel;the third aspect is the setting mode and function orientation,organization structure,operation procedure of refinement of the disciplinary committee mechanism,the Disciplinary Committee's function to maximum.