Legal Paradox Of The Lawsuit Settled Automatically

"Misjudged case" is an eternal topic in the history of human judicial civilization development, is the problem need to be overcame and resolved through the striving of modern democracy, legal society. Accountability system of misjudged cases produced specific period in China suffered from multi-criticism since its operation. In particular, since 2005, with the exposure of major judicial injustice misjudged cases of She Xianglin, Zhao Zuohai and others by media, made people's unprecedented upsurge concern about "misjudged case", existing accountability system of misjudged cases brought to the teeth of the storm, all kinds of media and experts and scholars have commented on the misjudged case. Most of them made critical on existing accountability system of misjudged cases, especially analyze the issues of unified standard for "misjudged case", unreasonable design for existing accountability system program of misjudged cases, the implementation of responsibility are not in place and the state indemnity to victims, further, made comments and suggestions for reforming accountability system of misjudged cases. However, despite with wide discussions and public fever, people rarely mentioned deep institutional problems behind the current accountability system of misjudged cases, social problems are lack of attention, which leads to the design of reform program often stick to the issue, can not put forward systematic opinions for reforming accountability system of misjudged cases fundamentally. In this article, the author through comparative study about accountability system of misjudged cases at home and abroad, analyze illegitimacy of existing accountability system program of misjudged cases from the procedure and system, and point out that the shortcomings of the system embodied in lawsuit settled automatically-accountability system of misjudged cases violates the most general principles of natural justice. And then, the author analyzed deep political and social reasons of lawsuit settled automatically from point of human nature, state standard, People's democracy and constraints of pluralistic power, state briefly the deficiency in rule of law and social consciousness hidden behind our accountability system of misjudged cases, Finally, put forward a number of reform proposals ideas for avoiding lawsuit settled automatically by accountability system of misjudged cases.