Tough Laws Is Invalid

In order to ensure justice and prevent favoritism of judges,China had established a misjudged case investigation system since ancient times.Dynasties of rulers expected to correct misjudgments,and to urge judges more due diligence.Qing Dynasty was the last feudal dynasty in our history and also established a misjudged case investigation system.Such a system in Qing Dynasty had a great influence to the future.The liability of misjudgments of judges was complex and severe.First of all,If the judge made a wrong judgment in a criminal trial,he would be subject to criminal sanctions.The main criminal charge was“unjust verdict".("Guan Si Chu Ru Ren Zui" in Chinese term)On the other hand,If the judge made a wrong judgment in criminal trial,he would be subject to administrative penalties,such as recording demerits,deducting wages,reducing administrative level and dismission.These administrative sanctions will bring great negative impact on sheriffs career.Although ancient China is the main punishment,but the same household as well as marriage,Land,money,bonds and other civil cases.If the judge made a wrong judgment in a civil trial,he would be also subject to administrative penalties.Although the Qing Dynasty established a complete and strict misjudged case investigation system,the system was ineffective.There were a lot of injustice cases in the Qing Dynasty.This reflected that the misjudged case investigation system had some problems.Firstly,the system ignored the objective laws and did not realize that the injustice case was inevitable at the time of the Qing social and historical conditions.Secondly,the system ignored the fact that a judge was a rational person and would avoid the liability of misjudgments.Finally,Officials shield one another and the corruption made the misjudged case investigation system invalid.Today,China has also established a misjudged case investigation system for many years.In order to prevent similar injustices call Geji Le same pattern occurs again,the eighteen session of the fourth plenary session of communist party of China clearly stated implementing quality lifelong responsibility and handling misjudgments accountability down search.The misjudged case investigation system is becoming more and more strict.However,comparing with the Qing Dynasty,we can find that the modern misjudged case investigation system has also some problems.Judges are still out of the need of self-interest and use various means to circumvent misjudgments.Whether modern China or the Qing Dynasty,the misjudgments accountability system reflects concerns about fairness and justice of rulers.In the Chinese special conditions,we can not simply deny the misjudgments accountability system because of the theory of Western justice.However,we need to realize that a judge is a rational person.When a judge faces too harsh responsibility,he will use various means to circumvent.We should adopt appropriate incentives,and make judges can perform their duties more actively.