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《Journal of National Prosecutors College》 2017-01
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Accountability Penalty for Misjudged Cases and its Obstacles

ZHANG Jianwei;School of Law of Tsinghua University;the Collaborative Innovation Center of Judicial Civilization;  
The current judicial accountability system in China provides legal basis for the accountability penalty of misjudged cases. There are two types of wrong practice that need to be corrected. One is pursuing accountability penalty too much and mistaking cognitional disagreements as judicial flaws,making judicial personnel afraid; the other is doing judicial work as a group and avoiding bearing individual accountability. For the first type of wrong practice,the judicial accountability should only be applied to cases where the judicial personnel made a mistake intentionally or out of obvious negligence. For the second type of wrong practice,the judicial authority should be allocated to the individual who really deal with the case. In addition,the accountability system is hard to implement also because the department only thinks of its own benefits under its own shoes. This article will mention the obstructive factors of accountability investigation,talking about how Chinese people are buying for the wrong cases,and how the State Compensation Law fails to support the accountability penalty.
【Key Words】: Misjudged Case Accountability Penalty Obstructive Factor Criminal Compensation Civil Accountability
【CateGory Index】: D926
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