| So far,court misjudged cases liability system has been existing more than 20 years. As there is shortcomings existing in the current liability system of misjudged cases, few judges who are responsible for the cases be blamed. For a long time, voices on the reform of the system are loud, but the progress is slow. With the deepening of the judicial reform in recent years, we can see the opportunities of the wrong case responsibility system reform. This paper will be divided into four parts:The first part introduces the relationship between wrong case and wrong case liability. Proposed in this paper, the establishment of court misjudged cases liability system needs a initiative mechanism of misjudged cases, instead of passive finding of wrong cases. Through the literature material consulting, regional misjudged cases reference and the procedure law of China, the author gives a way on how to find the wrong case, and illuminates the reasons.The second part analyzes the problem of wrong case liability system in China. There are three different types of such problems: the first one is unreasonable organizational structuring; the second one is the difficulty of identifying subject of liability; the third one is no identical standard of accountability. The existence of these problems leads to the implementation in practice of wrong case responsibility system.The third part gives solutions and advises to the above problem. In the author’s opinion, there is three important points to solve the problems: Firstly, we need to set up a Unified organization; Secondly, we need to identifying subject of liability; Thirdly, we need to make laws.The fourth part provide new ideas for the establishment of wrong case liability system. in order to make the liability to be more fair in a scientific view, the author suggested that In order to make the responsibility to assume more science fair, we can according to the subjective and objective reasons of wrong case to divide the responsibility, or according to the type of case to divide the responsibility, or according to the judge qualifications divided responsibility. At the end of the paper, the author gives suggestions for the way of liability.The highlight of this article is he author gives a way on how to find the wrong case. In addition, If we want to look for misjudged cases, we need to rely on the laws and the legal system, while from the theoretical analysis of misjudged cases. |
