Research On The Responsibility Of Judge's Criminal Misjudged Case

Justice is the lifeline of the rule of law,judicial justice is the goal of the pursuit to a country'rule of law construction.After the 15 th Party Congress,in the face of the reality of the rule of law in China,the state began to vigorously deepen the reform of the judicial system,so that the general public to feel fairness and justice in the judicial construction.Emphasizing that we should institutionally ensure that the people's court shall independently exercise their judicial power from the system,and set up the system of investigating the responsibility of wrongful conviction,the system of judge's criminal misjudged case responsibility also came into being.Judges in the criminal case trial because of intentional or gross negligence to commit illegal acts and cause the wrong case,will be held according to the corresponding illegal liability.Establishing the system of judge's criminal misconduct accountability is aimed at strengthening the trial responsibility of the judges,standardizing the trial activities of the people's courts,ensuring the legitimate rights and interests of citizens and enhancing the credibility of the judiciary.Because of its emergence,growth of specific national conditions and goals,it must bring some of its own characteristics,we need to understand it on the basis of reality.The system of judges' criminal misconduct accountability has been controversial since the beginning of the trial,and after many years of actual operation,the debate on its existence or abolition continues.Achieved some positive effect,and the positive effect is the main,from the running effect of the system in the judicial practice.But it can not be denied that there are many dilemmas in the theoretical and practical operations,also produced many adverse effects,needs to be addressed.Serious problems highlighted the necessity of perfecting the system.I believe that the discussion of the system of judge 's criminal misjudged case responsibility is not on the existence of the relevant system to blindly deny,but from these systems,whichever is the essence,whichever is the dregs,better improve the system of judge's criminal misjudged case responsibility.This article is divided into four parts: the summary of the system of judge's criminal misjudged case responsibility,the theoretical dilemma of the system,the practical difficulties and the countermeasures and suggestions for the problem,to discuss the system of the judge's criminal misjudged case responsibility in our country.The research focus is that from the current situation of China's criminal misjudged case,through the existing of the system of judge's criminal misjudged case responsibility's actual operation in-depth analysis to find out the theoretical and practical aspects of the difficulties and shortcomings.From the aspects of system construction,suit the remedy to the case,so that China's judge 's criminal misjudged case responsibility system to gradually improve,to better play its role.