Study On The Criteria For Identifying Wrong Cases Under The Trial Responsibility System

The standard of determining the wrong case under the trial responsibility system is the criterion and basis of the wrong case determination in the trial responsibility system.In this case,the criteria of the wrong case determination can be divided into two categories,namely subjective and objective criteria,and the identification of the factual errors and the errors of the applicable law.The standard of wrong case determination is of great value and significance to the realization of judicial justice.But in practice,there are still some problems such as lack of systematicness,maneuverability,territorial character and so on.Therefore,it can be constructed and perfected from three aspects: substantive standard,procedural rules and supervision mechanism of wrong case identification.First of all,we should establish the standard of identifying the wrong case on the entity,and then construct the system of identifying the wrong case.Among them,the external identification standards of criminal misjudged cases include the trial supervision procedure,the state compensation procedure and the identification standard from the perspective of evidence.The internal cognizance standards include confirming the fact error,applying the law error and the illegal judicial procedure cognizance standard;The external cognizance standards of civil wrong case include the procedure of trial supervision and the cognizance standard under the perspective of evidence.The internal cognizance standards include the cognizance standard of the fact error,the application of the law error and the trial procedure illegality.The external cognizance standards of administrative error cases include the procedure of trial supervision,the cognizance standard under the perspective of evidence.The internal cognizance criteria include the identification of factual errors,the application of legal errors and the violation of judicial procedures.Secondly,in order to ensure the fairness of the wrong case determination results,we should set up a specialized wrong case identification institution and stipulate the proper wrong case determination procedure in the procedure.Finally,we should improve theinternal and external supervision mechanism in the aspect of the wrong case identification supervision.