摘要
由于法官、律师、民众等不同群体因各自利益,对错案的概念反射不同;理论界和实务界对错案的界定没有统一的认识;我国立法或者司法解释至今没有对错案作出界定,因此错案的定义或者标准因地域、部门、适用人员范围的不同存在偏差。要完善我国的错案追究机制,对错案作出定义或者对不同的错案制定相应的审查标准十分必要。
A mis judged case conveys different meaning to the judges, lawyers, people of different groups owing to their respective interests. The consensus has not yet been reached about what a misjudged case really means so far in both the circles of academia and law enforcement departments, nor has the legislation or judicial interpretation defined its meaning. In that case, the definit ion or standards for identifying it might differ from region to region, from department to department, and from person to person. The paper holds that it is necessary to give a clear definit ion to a misjudged case and develop appropriate standards of reviewing in order to improve the mechanism of misjudged case in China.
出处
《江苏警官学院学报》
2016年第2期32-37,共6页
Journal of Jiangsu Police Institute
关键词
错案
错案追究
司法责任
misjudged cases
investigation into misjudged cases
judicial accountability
