摘要(Abstract)：
I.THE INTRODUCTION OF THE PROBLEM:ANALYSIS OF THE PHENOMENON A.Policy Interpretation of the Responsibility Investigation System of Misjudged Cases On September 21,the Supreme People's Court released the Opinions on Perfecting the Judicial Accountability System of People's Courts,which makes it clear that the objective principle of the Judicial Accountability System"should take strict adjudicative liabilities as the core",indicates that the core content of
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作者(Author): 黄怡;
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参考文献(References)：
- 1 The Opinions of the Supreme People's Court on Perfecting the Judicial Accountability System of People's Courts,Legal Daily,September 22,2015,at 3.
- 2 DOCUMENTS OF THE FOURTH PLENARY SESSION OF THE 18TH CPC CENTRAL COMMITTEE,at 38(Central Compilation&Translation Press,2015).
- 3 FRANCIS BACON,BACON'S ESSAYS,at 549(Lee&Shepard Publishers,1868).
- 4 CHINA JUDGEMENT DOCUMENT WEBSITE,at http://wenshu.court.gov.cn(Last visited on October 20,2017).Clause 1 in article 399 of the Criminal Law of the People's Republic of China stipulates,“Judicial personnel who act with partiality and defeat the ends of justice and bend the law for the benefit ofrelatives or friends,subjecting to prosecution persons they clearly know to be innocent or intentionally protecting from prosecution persons they clearly know to be guilty”,the subject of the crime of favoritism is judicial personnel,including the police,prosecutors,judges,so these 399 cases are not necessarily on the accountability investigation of judges.
- 5 THE SUPREME PEOPLE'S COURT OF THE PEOPLE'S REPUBLIC OF CHINA,JUDICIAL REFORM OF CHINESE COURTS,at 65(People's Court Press,2016).
- 6 Yang Kai,On the Construction of Prevention Mechanism of Criminal Misjudged Case from the Perspective of Trial-Centralism:1 75 Retrial&Remanded for Retrial Criminal Cases in Certain High People's Court as the Sample of Empirical Research,2 Law Review119,124(2016).
- 7 Hu Xinqiao,She Xianglin Received the Compensation of Nearly 460,000 Yuan through the Consultation,Legal Daily,September 2,2005,at 1.
- 8 Li Changzheng,She Xianglin Case:Jingshan County Public Security Bureau Made the Compensation of450,000 Yuan,Xinhua Daily Telegraph,October 28,2005,at 2.
- 9 Guo Wenjing,Investigation of the Responsibility of Mistrials Should Be Changed from“Close Door”to“Open Door”,1 People's Rule of Law 83(2015).
- 10 The Judgment made by the Luoyang Intermediate People's Court of Henan Province.See Zhang Xiantang,Luoyang Seed Case Highlights the Defects of Judicial Review System,China Economic Times,December 3,2003.
- 11 The Judgment made by the Wuyang County People's Court of Henan Province.See Zhou Changjun,On Judge Accountability under the Reform of Judicial Responsibility System:Along with Comments on the Opinions on Improving Judicial Responsibility System in People's Court,3 The Jurist 94,98(2016).
- 12 Zhang Jianwei,Accountability Penalty for Misjudged Cases and Its Obstacles,25 Journal of National Prosecutors College 114(2017).
- 13 Opinions of the Supreme People's Court and the Supreme People's Procuratorate on the Establishment on the Discipline System of Judges and Public Prosecutors(for Trial Implementation),People's Court Daily,November 8,2016,at 4.
- 14 The Regulation on the Investigation of the Responsibility of False Accusations(for Trial Implementation),1 New Laws and Regulations Monthly,24(1999).
- 15 Qu Changrong,Courts of Henan Province First Launched Lifelong Accountability System of Misjudged Cases,People's Daily,April 10,2012,at 4.
- 16 In judicial practice,there are cases which are remanded for retrial because of unclear fact and insufficient evidence and then the original judgments are affirmed;and there are cases which are amended and then resentenced again at the same level or the next high court,and sometimes the final judgments are the same as the original one.Therefore,theoretically,the cases which are remanded for retrial or amended are not necessarily misjudged cases.Such cases can be confirmed as no errors by the final rulings.In addition,there are some cases,of which the judicial procedure is illegal,or the judgment result is wrong,but as there is no appeal or protest,the error has not been discovered.In a broad sense,these cases belong to misjudged cases,but due to the impossibility of holding accountable,these cases do not belong to the misjudged cases involved in the responsibility investigation system.
- 17 Supra note 13.
- 18 Id.
- 19 Super note 1.
- 20 ZHANG YI,ON THE PROHIBITION OF DOUBLE JEOPARDY IN CRIMINAL PROCEDURE,at 191(Chinese People's Public Security University Press,2004).
- 21 Supra note 5,74.
- 22 Tao Kebao,Introduction to the Discipline System of Judges in Japan and France,9 Journal of Law Application 17(2003).
- 23 Id.,25.
- 24 CODE OF CONDUCT FOR US JUDGE,at http://www.uscourts.gov/judges-judgeships/code-conduct-united-states-judges(Last visited on September 14,2017).
- 25 Zhou Yun,Thoughts on the Investigating System of the Responsibility of Misjudged Cases:Discussion on the Perfection of Judicial Accountability System in China,3 ZUEL Law Journal 3,4(2017).
- 26 Ma Yuanjie,Improving the Accountability System for Misjudged Cases,People's Court Daily,May 8,2017,at 2;also see Liu Xiaoyu,On the Retention and Abolition of the Judges Accountability System for Misjudged Cases,6 System and Society 32(2017).
- 27 Yang Kai,The Construction of Preventive Mechanism for Wrongful Convictions from the Perspective of Trial-Centered Doctrine,4China Legal Science 3,28(2016).
- 28 SU LI,RULE OF LAW AND ITS LOCAL RESOURCES,at 14(China University of Political Science and Law Press,1996).
- 29 Deng Zhenglai,Jurisprudence of China:Where to Go,Research Sketch of Building an Era of China's Legal Ambition Prospect,23Tribune of Political Science and Law(Journal of China University of Political Science and Law)3(2005).
- 30 Documents of the Third Plenary Session of the 18th CPC Central Committee,at 48(Foreign Languages Press,2013).
- 31 Documents of the Fourth Plenary Session of the 18th CPC Central Committee,at 44(Central Compilation&Translation Press,2015).
- 32 Chen Haifa&Ji Tianfu,Henan Formulated Measures on Lifelong Accountability of Misjudged Cases,People's Court Daily,April 6,2012,at 1.
- 33 Fei Wenbin,Guangxi High People's Court Formulated Measures on Accountability of Misjudged Cases,People's Court Daily,May 1,2014,at 1.
- 34 Li Zhonghao,Anhui High People s Court Formulated Interim Measures on the In vestigation of the Responsibility of Misjudged Cases,People's Court Daily,January 17,2015,at 1.
- 35 Chen Ruihua,Three Modes of Judge's Responsibility System,4 Journal of Law,78(2015).
- 36 Wang Xiaoxia,Reflection and Reconstruction ofthe Standards for Criminal Misjudged Cases,22 People's Procuratorial Semimonthly 37(2006);also see Lei Xiaozheng&Xu Xinguang,Focal Issues and Comments on the Definition of Criminal Misjudged Cases:“Cases”,Beingness and Criterion of Judgment,4 Graduate Law Review CUPL 60,64-65(2005).
- 37 DOCUMENTS OF THE THIRD PLENARY SESSION OF THE 18TH CPC CENTRAL COMMITTEE,at 20(Foreign Languages Press,2013).
- 38 GeHongyi,Top-level Design and Cautious Advance:Judicial Reform in China,2 Law and Social Development 7(2015).
- 39 Wang Xigen,Scientific Meaning of Rule of Law in China,2 China Legal Science 108,119(2014).
- 40 Chen Jinzhao,Relationship between Rule of Law and Reform and the Reform's Top-Design,8 Law Science 3,7(2014).
- 41 ROSCOE POUND,SOCIAL CONTROL THROUGH LAW,at 16(Yale University Press,1942)
- 42 Zhang Taizhou,The Dimension of Judge's Immunity,People's Court Daily,July 31,2015,at 2.
- 43 Xiong Qiuhong,Judge's Responsibility System in Chinese Context,6 People Rule of Law 10,12(2016).
- 44 Measures on Investing the Judge's Illegal Adjudication Liability of People's Courts(for Trial Implementation),12 New Laws and Regulations Monthly 11,12(1998).
- 45 Supra note 1.
- 46 Yang Kai,The Jurisprudence Framework and the Management Model Innovation of Judicial Management Theory System,3 China Legal Science 211,228(2014).
