The Research On The Omission Of The Criminal Judgments And It's Remedial Measure

The omission of the referee instruments is one of the issues of the referee instruments,which has gotten little attention in theory.However,with the improvement of social general justice idea,the referee instruments,as the most direct window to perspective the justice and judicial practice,have become the new focus of people pay attention to judicial activities.On the surface,the omission of the referee instruments are caused by the judges' carelessness,there is no need to pay much attention to it.However,the actual state and the state are quite different,the phenomenon of criminal referee omission is not uncommon in practice.The omission of criminal judgments that seems to be due to some carelessness and other tiny issues,will not only affect the authority and seriousness of will of the state in criminal field,but also exist some problems like a waste of judicial resources to its follow-up relief.Therefore,The author thinks that it is necessary to make an analysis of the phenomenon of criminal judgments according to practices,and then explore its actual impact and the obstacles in the relief in order to perfect relief approach.The thesis contains four chapters.The first chapter "the interpretation of the Phenomenon of Missing Criminal Judgments",which is based on the 140 judgment documents from the Internet,the author carry out the conceptual definition and the delineation of the omission of the referee instruments according to the practice.And on the base of which,to divide omissive types according to its characteristics.Then,analyze the reasons and disadvantages of the omission of the referee instruments.And the phenomenon of the omission of the referee instruments is interpreted as a whole.The second chapter,"the prevention of the omission of criminal judgments" is based on the first chapter.Improving the prevention can solve problems from origin according to the causes of the omission of the referee instruments.In the third chapter,“the judicial remedy of the omission of the referee instruments”,through the analysis of the specific cases that occurred in practice,combining the existing ways of the relief,the author elaborates the current relief obstacles of the omission of the referee instruments,to provide theory preparation for the remedial approaches.The fourth chapter,“to consummate the relief approach of the omission of the referee instrument,”the author puts forward the recommendations based on the analysis above,to improve the remedial approaches.