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The Study On Responsibility System Of Misjudged Criminal Cases In China

Posted on:2018-01-28Degree:MasterType:Thesis
Country:ChinaCandidate:Y J SunFull Text:PDF
GTID:2416330596468819Subject:Science of Law
Abstract/Summary:PDF Full Text Request
The reasons why the misjudged criminal cases draw attention to the public can conclude in two points:First,it will take huge damage to the life property right.Second,it’s harmful to the authority of law and the establishment of the justice system.Recent years,the government puts the high value of the misjudged criminal cases because of it’s high frequent occurrences,and the rule of the responsibility investigation of misjudged cases got attentions too.Nowadays,one of the most important points in the process of the judicial reform is strict judicature and separate responsibilities to every agent,this means the government’s attitude to agents who dealt with the cases illegally is compromising.But the attitude can not solve the problems of the rule in reality,in practice,the rule of the responsibility investigation of misjudged cases are not just difficult to execute,but can’t realize the propose to protect the stabilization of the society and the judicial justice.In that case,the main point of the study is the recuperation and improvements of the rule of the responsibility investigation of misjudged cases.This very study,which is based on the judicial reform’s requests,analyze and introspect the current rule of the responsibility investigation of misjudged cases and aim to provide the scientific and reasonable advise for the rule operate effectively.At the very beginning,the study discusses and confirms the concept and the feature of the misjudged criminal cases and the the responsibility investigation of misjudged cases.Due to that reason i analyze and state the necessity of the rule in details.Next i choose the way to look up the history,at first i start from the history of the rule of the responsibility investigation of misjudged cases in our own country.After reading a huge amount of relative books,i analyze and summarize the feature in the development and then i realize Chinese rule of the responsibility investigation of misjudged cases is based on our country’s traditional culture.And then i think over and analyze the reason why we can’t operate the rule well,try to find a way to make it better.For improving the rule of the responsibility investigation of misjudged cases,i use the compare method,through the introducing of continental lagal system and theAnglo-American Legal System’s experience,raise the inspiration of i,proving our country’s rule of the responsibility investigation of misjudged cases.At last we can continue improving our rule of the responsibility investigation of misjudged cases in 5ways which can make the rule protect judicial justice,reshape the authority of judiciary:First,establish unified and complete law of the responsibility investigation of misjudged cases.Second,confirm the concept of misjudged criminal cases and maintain the subject.Third,establish the organization and program of the responsibility investigation of misjudged cases.Fourth,improve the judicial responsibility exempt thing.Fifth,improve the relief program of the rule of the responsibility investigation of misjudged cases.
Keywords/Search Tags:responsibility investigation of misjudged cases, judicial immunity, right of independent trial
PDF Full Text Request
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