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Research On The Perfection Of Criminal Misjudged Case Responsibility System In China

Posted on:2018-06-09Degree:MasterType:Thesis
Country:ChinaCandidate:J LeiFull Text:PDF
GTID:2346330515994806Subject:Law
Abstract/Summary:PDF Full Text Request
The research object of this paper is to improve the accountability system of the Criminal Misjudged Cases,China's Criminal Misjudged Case investigation system provides no clear and unified legislation,laws and regulations are scattered in various single or departmental rules mainly,has not formed the unified Criminal Misjudged Case responsibility system cannot be unified application of law.On the provisions of the system of criminal procedure law of the lack of accountability,in the process of pursuing responsibility,the pursuit of freedom of responsibility to pursue the responsibility of accountability procedures,resulting in the confusion of the program.At present,our country is in full swing in the judicial reform,the problem of Criminal Misjudged Case has aroused widespread concern,once misjudged cases will be exposed to a wide range of discussion.The Criminal Misjudged Case Studies is how to prevent the Criminal Misjudged Case,but to prevent the occurrence of Criminal Misjudged Case is just one aspect of the Criminal Misjudged Cases,the research of Criminal Misjudged Case to the Criminal Misjudged Case responsibility system to more attention,strengthen the Criminal Misjudged Case responsibility efforts,for the prevention of Criminal Misjudged case is also very good.The Criminal Misjudged Case should not only be corrected in the name,but the specific responsibility should be implemented to the fault.In this paper,the author analyzes the social background of the establishment of the Criminal Misjudged Case responsibility system,and expounds the necessity and significance of the establishment of the system.The first chapter mainly elaborates the two basic problems of Criminal Misjudged Case responsibility system first,in theory at present,the Criminal Misjudged Case responsibility system should exist is controversial,positive view of the establishment of the system of responsibility in accordance with the unified theory,and is conducive to the supervision of the judicial power,negative view the establishment of accountability system,the Criminal Misjudged Cases,is not conducive to the independence of the judiciary,judicial not as easy to breed.Secondly,there are some misunderstandings in the understanding of the relationship between the system of Criminal Misjudged Cases and the state compensation system.The second chapter is to explain the related concepts of Criminal Misjudged Case responsibility system,the establishment of Criminal Misjudged Case responsibility system,is the concept of Criminal Misjudged Case is undoubtedly the most important,because it is related to the nature of Criminal Misjudged Case,related to whether a case can be identified as the principle of misjudged cases.At the same time,this paper analyzes the system of the Criminal Misjudged Case responsibility system,in order to identify which cases should be investigated as a misjudged case,and prevent the cases that should not be taken into account.In the third chapter,the author gives a brief introduction to the disciplinary system of judicial personnel in western countries,and through the analysis of the extraterritorial system to select the factors which can be used for reference,to help establish a reasonable system of Criminal Misjudged cases.The last is the focus of this paper,namely the specific measures to perfect the system of Criminal Misjudged Cases,which mainly expounds the Criminal Misjudged Case responsibility system startup subject,Criminal Misjudged Case responsibility system responsibility scope,operation procedures,Criminal Misjudged Case Responsibility Criminal Misjudged Case responsibility form these aspects,in order to form a complete criminal misjudged case responsibility system the frame.All in all,it is necessary to establish a unified and standardized Criminal Misjudged accountability system,to prevent confusion in the application of law.In order to do so,there must be responsibility for mistakes,highlighting social justice,promote the spirit of the rule of law.In the context of the rule of law,the improvement of the system will make the concept of rule of law more popular.
Keywords/Search Tags:Criminal Misjudged Cases, The Criminal Misjudged Case Responsibility, Judicial Organs, Judicial Justice
PDF Full Text Request
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