The Study On Accountability System Of Criminal Misjudged Cases In China ——An Empirical Study Based On 100 Cases

At present,China’s judicial reform is in full swing.The proposal of comprehensively promoting the rule of law,lifelong responsibility system for the quality of handling cases and the accountability system for the responsibility of misjudged cases has made the people feel the determination and confidence of the central committee of the communist of China（CPC）on judicial reform and improving the level of rule of law.However,frequently exposed criminal misjudged cases not only cause great damage to the health,life and property of the parties,who suffer undeserved punishment,but also impact on the impartiality and authority of the judiciary,and greatly reducing the credibility of the judiciary.Only by discovering and correcting wrongful cases in due course,and making relevant personnel bear corresponding responsibilities,can criminal cases be handled correctly and effectively on the track of rule of law and rebuild people’s confidence in justice.In this paper,the criminal misjudged cases which is essentially innocent but judged to be guilty is taken as the research object,and the current accountability system of criminal misjudged cases in China is analyzed and reflected,hoping to improve the system and provide clear,scientific and reasonable methods for its specific application in practice.This paper mainly discusses from six parts: the first part is the relevant theoretical basis,including the concept of the misjudged case,the dispute about the object and subject of the misjudged case,and the constituent elements of the responsibility of the misjudged case.The second part is empirical research,through the collection of sample cases to analyse from correction time of the misjudged case,the type of the misjudged case,the cause of the misjudged case,the reason of the misjudged case corrected,and the accountability investigation of the relevant case handling personnel after the misjudged cases corrected.The third part summarizes and analyzes the current situation of criminal misjudged case accountability system,and analyzes the problems and shortcomings of the system in theory and practice.The fourth part introduces the punishment and treatment of judges in civil law system and common law system countries,and provides experience for improving the accountability of judges for misjudged cases in China by analyzing the experience and practices suitable for China’s national conditions.The fifth part is aimed at the deficiencies of the third part,and put forward the commensurable suggestions to improve the accountability system for misjudged cases.