A Study On The System Of Judge's Responsibility Of Misjudged Case

It is an important part of the construction of the socialist rule of law and judicial reform in our country to establish and perfect the legal system of misjudged cases.The judge misjudged case responsibility system is not only the guarantee of the good operation of our judicial system,but also the subject of the judicial reform in china.Since the fourth Plenary Session of the 18 th CPC Central Committee,a new round of judicial reform has put forward specific guiding principles for the reform of judicial responsibility system.The system of judge misjudged case responsibility in both the system level and the implementation level is not consistent with the current judicial practice needs.It is an important content of the judicial reform to improve the system of judge misjudged case responsibility.How to improve the system of judge misjudged case becomes an important issue in the research of judicial reform.In order to achieve the expected effect of the design of the system,the law itself must have sufficient capacity to deal with abuse or misuse of power from various aspects.The topic of this paper is of great practical significance and legal significance.In the first chapter,the author defines and analyzes the basic concepts of the judge's misjudged case,including the judge's misjudged case,the misjudged case responsibility and the connotation and classification of the misjudged case.Through the definition of the relevant concept of the system of misjudged cases,the paper clarifies the scope of the paper and provides a logical tool for further theoretical analysis.In the second chapter,the paper makes an empirical study on the system of investigating the responsibility of the judge misjudged cases,the liability of misjudged cases based on the history and current status of the investigation and study of foreign system of liability system of judge,summing up the various problems.Because our country is in the special period of social transformation,in the field of judicial practice,the judicial staff favoritism,corruption,breach of privilege,misjudged cases especially the Criminal Misjudged Case,It is often seen,to establish social judicial authority and realize legal justice has produced serious negative influence.The basic goal of a socialist country ruled by law is to require the process and outcome of judicial activities to achieve the value of fairness and justice.Only justice can really give people a sense of security.The judge as the subject of judicial activities,its quality and ability depends on the specific case can get a fair trial,the legitimate rights and interests of the parties can be protected effectively,the normal social order can be effectively maintained.In the third chapter,according to the analysis of the cause of the problem,combined with China's current judicial reform of the liability of misjudged cases of the latest achievements of the requirements of the system and judicial reform,put forward to perfect the system of investigating the responsibility of the judge misjudged suggestions,including: improve the judge quality lifelong responsibility system,unified standards,the judge misjudged cases set a reasonable judge starting procedure,misjudged cases improve the liability of misjudged cases of the relief mechanism to protect the legitimate rights and interests of the judge,and the judge misjudged accountability system to administrative reform with suggestions.So as to provide reference for the further improvement of the system of misjudged cases.