From An Ethical Perspective To Examine The Criminal Misjudged Correct System

Since the birth of the judicial civilization,the misjudged cases are the pain that can never be wiped by the human judicature.Misjudged cases have grown like cancers that cannot be banned.The cognizance standard of misjudged cases is various,each cognizance standard of misjudged cases has its own characteristic and background,reflecting the value orientation to some extent,and we can find the corresponding ethical support behind it.The damage of criminal misjudged cases has many aspects,not only the direct economic cost,such as the consumption of manpower,material resources and financial resources,but also the ethics cost hidden behind it.As soon as the criminal misjudged case occurs,we have to handle that correcting it or not and how to correct it,which is caused by the protection of human rights and the punishment of crime,the efficiency and equity of litigation,procedural justice and substantive justice between the value conflicts.The correcting system of criminal misjudged cases is not only a kind of litigation system,but also a kind of legal norms.The system of criminal misjudged case itself reflects the dialectical relationship of the universal ethics value and the special ethical value.The common value pursued by the criminal misjudged case is the value pursued by the law,that is,rights,justice and order,whose special value is that it can reconcile the contradiction between “the invariability of the law” and “the fairness of the law” in a certain extent.The criminal retrial procedure of our country presents many problems.These problems can be simply summarized as “the difficulty of complaints” and “the abuse of complaints”.Fundamentally,the problem of criminal misjudged cases correct system in our country,is China's traditional society to modern legal system modernization have encountered problems in the process of social transformation,in but the man type value standard system and the conflict between the two value standard system.The key to perfect the system of criminal misjudged cases in our country,and makes it as the law of goodness,is that we have to change the concept of criminal misjudged case system,from the way of a philosophical understanding to the way of legal thinking,then use the paradigm of legal thinking to look at and treat the problems of criminal misjudged cases.Because the judge represents the power of the state,it has the nature of inequality and expansion compared with the individual rights of the individual.The system of criminal misjudged cases in our country,whose specific design and application should contain the guarantee of human rights,litigation efficiency,procedural justice,judge force principle and so on,and the specific design of the system lies in how to balance the judgment power and guarantee the right of the appellant.