The Completeness Of The Responsibility Investigation System Of Misjudged Criminal Cases In China

In recent years a large number of huge exposure,caused the social public to wrong to correct and wrong case liability issues.As the vocative case,full case to the more recent Chen shubin case such as a large number of being corrected,fully embodies the pursuit of our country to realize judicial fairness and the concept of justice for the people.But,being always let justice to shame,bring the judicial organs of lesson.A criminal misjudged cases by the referee came into effect,not only bring damage to the lawful rights and interests of the parties to a case,also make the judicial credibility and judicial authority severely affected.In the current our country advocated governing the country according to law,rule by constitution,the concept of the rule of law,the judicial organs to the road of building socialism rule of law to pursue justice as the target.In the third and fourth plenary session of the 18 emphasized the wrong responsible person shall be established and perfected,safeguard the lawful rights and interests of the parties,prevent YuanCuoAn pieces.A crime responsibility system is a judicial system within a system,is in the process of continuously deepening the reform of the judicial in order to strengthen the supervision of the judicial officers from duty behavior constraints.Set up the ultimate goal of the system is not only the integrity of law enforcement in order to guarantee the judicial organs personnel,improve the working quality and working efficiency,also in order to prevent the judicial corruption and maintaining judicial justice.But in the huge,often in the name of the law,the judicial organs of the parties made a verdict of guilty,results bring irreparable harm to the victim.After being reclaimed,the judicial organs for criminal misjudged cases accountability and not make public,let the victim with satisfactory results.Therefore,our judicial organs to take notice,a good reflection and consideration being behind the judicial problems.Was based on the existence of these problems,the judicial organs should think about how to better improve the judicial system to safeguard judicial independence,truly protect the lawful rights and interests of the parties,the punishment by the real criminals.So,perfect the system of crime responsibility in our country,has become an important task of judicial reform in our country.This paper consists of five parts,the first part is the introduction,the paper mainly introduces the selected topic background and significance,the status quo at home and abroad,research methods and innovations.The second part is an overview of this part of the first,the concept of criminal misjudged cases and defines the concept of crime responsibility,the conditions of criminal misjudged cases and misjudged cases of liability,on the basis of summing up the connotation of criminal misjudged cases responsibility system,then introduces the characteristics of criminal misjudged cases responsibility system and the historical development process.Through the method of historical research on the historical developing process of crime responsibility system in China are described,let us deeply recognize the profound historical background and the system,the development situation of current system to improve our crime responsibility system laid a foundation.The third part is the problem,this part is mainly to the crime responsibility system four aspects of the important problems of the now,the first question is mainly analysis the system of the existing laws and regulations is not sound,embodied in the lack of unified form a complete set of laws,regulations and laws;The second problem is mainly on the analysis of crime responsibility identification problems,including the cognizance of criminal misjudged cases do not have a unified standard and is difficult to determine the main responsibility of criminal misjudged cases;The third is the problem mainly introduces criminal misjudged cases accountability for procedural problems,mainly reflected in accountability for the main body of a single,accountability mechanism set unreasonable,accountability scope is too wide,and opaque procedure responsibility and so on;Finally,on the judiciary remedy mechanism problem.Because the system has many problems in the judicial practice operation,only need our judicial organs to reflect on how to perfect and build scientific and reasonable wrong case responsibility system,to better ensure the judicial justice and independence.The fourth part is to perfect,this part mainly introduces the contents of how to perfect the system of crime responsibility in our country,is in the third part puts forward the problem to a friendly,also is the focus of this article.You first need to formulate a unified law is the crime responsibility law and perfect the related laws and regulations,such as making evidencelaw,for the criminal liability of misjudged cases provide scientific unified legal basis;Secondly on the issue of crime responsibility identification,need from the application itself and investigators both judicial ACTS to unified standard of misjudged cases,in addition,the need to formulate unified identifying legal norms and institutions,the main responsibility according to the specific duties of minor three authority investigators to differentiate to clear the responsibility of the wrong case body;Finally,shall be investigated in procedural problem,the judicial organs need to expand the scope of misjudged cases after began to start the subject,to set up dedicated for institutions,delimits the scope of liability of misjudged cases and accountability program is open and transparent,such as set up a review of the hearing system and so on several aspects hard,to ensure that criminal misjudged cases accountability program runs smoothly.In such an era of emphasis on the rule of law concept,the judicial organs of the rule of law society construction has played a very important role.Therefore,our judicial organs should adapt to the trend of judicial reform,set up a scientific and perfect crime responsibility system,to maintain our country’s judicial justice and improve the effect of the working quality of case workers,looking forward to the rule of law and justice a start and end of each case.