Study On The Criminal Misjudged Cases Liability System Of Judges In China

In recent years,unjust,false and wrong cases have been mentioned again and again,which leads to obvious reactions from all walks of life.Therefore,the legal theory and academic circles also continue to increase the research on such problems,in which the accountability system of wrong cases is one of the important contents.In order to establish and improve the operation mechanism of judicial power in accordance with the judicial law and improve the judicial responsibility system of the people’s court,the Supreme People’s Court issued several opinions on improving the judicial responsibility system of the people’s Court(hereinafter referred to as the opinions)on September 21,2015.The "opinions" implements the central government’s overall plan on deepening the reform of the judicial system,guarantees judicial stability,judges independently and fairly perform their trial duties according to law,and establishes the lifelong responsibility system for misjudged cases,which reflects the progress of the accountability system for misjudged criminal cases of judges in China,but there are still deficiencies in the application process,which need to be improved.At present,the adverse performance of accountability in judicial practice generally includes low accountability rate,low intensity of accountability and non transparency of accountability procedures.There are many aspects of the above problems,such as the standard of misjudged criminal cases is not unified,the way of misjudged judges’ responsibility is single,the lack of clear accountability system and procedures,and so on.In order to better safeguard the substantive justice and procedural justice in criminal proceedings and protect the legitimate rights and interests of the accused,it is necessary to conduct in-depth research on the above problems.The research on the system of investigating the responsibility of judges in Criminal Misjudged Cases should take the reform of judicial responsibility system in China as the starting point,summarize the experience of pilot areas,and on this basis,make a useful reference for the relevant systems of other countries such as the United States and Germany,and finally put forward reasonable suggestions suitable for China’s national conditions.In this process,we should pay attention to the identification standard of misjudged criminal cases,establish a scientific and reasonable system and procedure for investigating the responsibility of judges in misjudged criminal cases,ensure the work of investigating the responsibility of judges in misjudged criminal cases,restrain the abuse of criminal jurisdiction,reduce the occurrence of misjudged criminal cases in judicial practice,and protect the legitimate rights and interests of judges,so that they can fully exercise the judicial power within a reasonable limit We should give full play to our judicial power in order to maintain social justice under the rule of law.