Research On The Accountability System Of Judges In Criminal Misjudged Cases In My Country

In recent years,with the rapid development of network communication,many unjust and false cases such as Hugue Gillet,Nie Shubin,and Chen Man have gradually entered the public eye,which has aroused widespread concern and heated discussion in society.Judicial justice is the last line of defense for social justice,and judicial trial is the core link to achieve judicial justice.The unjust and false cases caused by judicial injustice have undoubtedly caused a huge blow to judicial credibility.As the British philosopher Francis Bacon wrote in his book "Of Judicature" : An unjust trial is more serious than ten violations of the law.Because crime is ignoring the law--it is like polluting the water,the unfair trial destroys the law--it is like polluting the water source.The continuous occurrence of judicial misjudged cases has seriously affected the judicial justice of our country,and also pushed the proposition of " accountability of misjudged case" to the cusp of public opinion.As the core of the follow-up solution to the criminal misjudged case,the public is particularly concerned about the follow-up judicial accountability of criminal misjudged cases,which makes it especially urgent to improve the accountability of criminal misjudged cases.This article combines the specific situation of judicial practice in recent years from the following four parts,in addition to the introduction of the first chapter.The first part is the "difficulties in the operation of the criminal accountability system for criminal cases in China".It mainly expounds the operational obstacles encountered in the judicial practice of the criminal accountability system for criminal cases in China from the theoretical,legal and practical aspects.It is precisely because of these obstacles that the system for investigating the criminal misjudged cases of judges in China often fails to achieve its due institutional value in actual operation.Exploring the existence of these problems and analyzing the reasons is the premise of taking measures to solve them.The second part is "the extraterritorial investigation of the accountability system for criminal misjudged cases".This part combines the specific judicial practice of our country and selects some experiences deserved to be drawn in China from extraterritorial countries.It mainly analyzes the advanced rule of law experience from the four aspects of "extra-territorial criminal misconception discovery mechanism","international judges' disciplinary subject","extraterritorial judges' disciplinaryreasons" and "external judges' accountability design",to seek commonality and regularity to provide reference for the improvement of the criminal investigation system for criminal cases in China.The third part is "rational construction of the accountability system for criminal misjudged cases".It also proposes from the theoretical,legal and practical aspects.In theory,the establishment of a clear and unified standard for identifying wrong cases and clarifying the constituent elements of trial responsibility is a standard definition for determining whether a judge needs to bear the responsibility of a wrong case,and constructing a proactive and false discovery mechanism is the premise of taking responsibility for wrong cases,and ensuring judicial independence is the principle that needs to be adhered to throughout the whole process of accountability of the wrong case.At the legal level,the chapter on "Judgement and Protection of Judges" is added to the "Judges Law" to fix the results of judicial practice in the form of law,and to improve legislative techniques and reduce the contradiction of relevant provisions.In practice,we will deepen the implementation of the functions of the Legal Disciplinary Committee,clarify the time limit for accountability and the procedures for accountability,deepen the effect of accountability,and avoid formalizing and lightening the results of the accountability.In addition,regulating the preservation system of the judge's case handling documents is conducive to preserving the evidence of responsibility and ensuring the fairness of the accountability.The fourth part is "application of the system of liability for exemption from criminal misjudgement".The pursuit and exemption are two aspects of responsibility,they are opposite and unified,and indispensable.The fourth part first introduces the current situation of the criminal exemption system for criminal misjudged cases in China,and puts forward a series of problems.Secondly,it introduces the excellent experience that the judicial exemption system of extraterritorial countries can use for China,and finally proposes solutions according to the problem.China is currently in the critical period of the development of a legal society.The improvement of the accountability system for judges' wrong cases is an important part of the reform of the judicial system.It plays an important role in promoting the rule of law in China and must be taken seriously.In addition,the improvement of the accountability system for judges' wrong cases is also related to whether the first-line case-handling judges in China can maintain judicial independence and impartiality in the judicial process and have a direct and significant impact on judicial practice.