Research On The System Of Investigating The Wrong Cases Of Chinese Judges

How to exercise judges' discretion is a very important operation link in the process of trial of various judicial cases,and also an important guarantee for the correct development of judicial work and the justice of trial.In recent years,such as SheXiangLin,shubin,zhao zuohai,zhang an uncle who commuted practice is showed that the judicial organs in our country is gradually increase the intensity of correcting of misjudged cases,the innocent,were vindicated,by mistake and ghosts to rest,the real murderer was statistically,justice,in the absence of the cases even though it's late for no.However,it must also be faced with the fact that it is absolutely impossible to stop the occurrence of wrongful cases simply by relying on the idea that mistakes must be corrected and that crimes should never be suspected.On comprehensively advancing the rule of law to do this,"the central committee of the communist party of certain major issue decision" to strengthen that how to establish and improve the presiding judge,the collegial panel,director of the prosecutor and the investigators working responsibility system of the specific methods,for the responsibility of the case for more effective implementation.Hit the nail on the head the decision is obviously in the wrong case responsibility system of the judge in our country has many problems,the author also thinks it is necessary to judge the disciplinary committee set up defect,wrong case correct standard,the responsibility for misjudged cases of subject,the presiding judge system and limit the presiding judge discretion on how to balance and so on questions to answer.Was,of course,it must be admitted that although misjudged cases is inevitable,but can through the perfection of the system to avoid being constantly,improve the system of judge wrong case responsibility will be a very good can reduce the incidence of wrongs to practice can be controlled in the range,more important is to eliminate judicial arbitrary and make free space,realize the effective approaches to power restriction and the effective guarantee of liberty.Visible,improve the system of judge wrong case responsibility,make trial is a judgment,to judge its judgment and responsibility is the judicial system reform must face the unavoidable major issue,only by setting up the wrong case and carry out the responsibility system,the trial can be real justice.This article starts with the basic theory of the judge wrong case responsibility system,the definition of misjudged cases,combining with the judge wrong case responsibility system of foreign theory practice,through the four parts of the connotation and denotation of misjudged cases responsibility standards,and studies of misjudged cases to reality in the process of judicial practice,and know the judge officer defects of wrong case responsibility system;At the same time,this paper makes a comparative analysis of the relevant national judge fault liability investigation system in foreign countries,so as to provide necessary theoretical reference for the construction of judge fault liability investigation system.In addition,to establish the judge wrong case judgment standards,punishment and accountability principles to accumulate judicial practice experience;Of course,in the end,it comes down to some constructive Suggestions on how to improve the accountability system of Chinese judges for wrongful cases,which is also the original intention of this article.