The Deviation And Correction Of Judge's Procedural Responsibility For Wrong Verdict In Criminal Case In China

The problem of misjudged cases has been widely concerned by the society,especially with the advent of the information age,its influence can quickly spread to the streets,making judicial credibility seriously threatened and challenged.In particular,criminal misconduct,because it is related to the most basic value of freedom as a living individual,is more likely to affect the sensitive nerves of the public than other misconducts.In the new round of judicial reform,judicial responsibility has been made the core and focus of the reform,and criminal responsibility for criminal cases has been pushed to a new height never before.It is an attempt to force fair justice through the norms of judicial responsibility.Realization,thereby establishing the credibility of the judiciary and the public's belief in the law,make it not only a means for the country to revitalize judicial authority in the context of governing the country according to law,but also the embodiment of the public's aspirations for justice.At present,some scholars divide criminal investigation into three categories,including responsibility for consequences,responsibility for procedures,and professional ethics.However,in practice,the prosecution of procedural responsibility is often based on the premise of causing a wrong judgment,and it is increasingly facing the tendency to be annexed by the result responsibility.Although the judicial responsibility system design of judges is given an independent status of procedural responsibility,For some reasons,it is difficult to start the program responsibility mode in practice.Analyzing these reasons,not only the design flaws of the system itself,such as the unscientific and incomplete design of the accountability procedure of the accountability subject,but also the interference of factors outside the system,such as the concept of emphasis on the entity and the importance of the procedure,and the influence of publicopinion.By analyzing these reasons,and drawing on the system design of other countries in the investigation of the responsibility of judges for wrong cases,the corresponding reform proposals are proposed,including improving the constituent elements of procedural responsibility from the accountability standard,and improving the subject of accountability and program design,and Provide support through the establishment of supporting systems.Through these measures,the operational deviation of procedural responsibility in practice is corrected,with a view to enabling the procedural responsibility and the entire judge's criminal wrongful accountability system to function well in the subsequent judicial reforms,in order to ensure the establishment of judicial authority and judicial credibility.The structure of this paper is divided into four parts.The first part is a case introduction.By combining a case in Yunnan,the problem of the poor operation of procedural responsibilities in practice is raised.The second part describes the actual status of the wrong case accountability system.The problems and causes in practice are analyzed;the fourth part is to propose corresponding solutions to the problems mentioned above,and to put forward reform proposals.