means responsibility

May 28 [Mon], 2012, 11:38
jeremy scott wings sentenced the alleged erroneous for the court to correct erroneous, the Court has supervision over law enforcement system, even if put on the level, sometimes does not work, because the lower court often have to make a decision, the court asked the higher court, the parties appeal to the court, asking the court to correct the wrong decision is very difficult. We have a motto in the procedural law, any person can not be judge in his own. In fact, the appeals judges is a party, and the original case is not the same, if it is according to the ordinary procedure to be addressed, will result in the protection of the parties right of appeal is very weak.

Beijing News: how to improve this deficiency?

Tang Jeremy Scott Wings 2.0 Wei Jian: My proposal is to abolish the parties appeal to the court system, and removing the retrial the court ex officio to launch the system, the parties to the effect, if dissatisfied with the referee, should Prosecution Office, determined by the Prosecution whether to protest. If Procuratorate that there are errors, the protest, the court must retrial. Court during the retrial, prosecutors carry out regular supervision can correct unjust factors, as much as possible to ensure that the court of appeals to make the right decision.

Beijing News: miscarriage of whether the accountability system to cancel?

Tang adidas 2012 Wei Jian: erroneous accountability system, does the court to correct erroneous is counterproductive, to correct erroneous means responsibility. In order to avoid responsibility, to try to correct the erroneous denial, this is a normal way of thinking. I think it should take a more pragmatic attitude, this system is certainly not abolished for serious injustice, capricious and arbitrary, not only to pursue judicial accountability, but also criminal prosecution. However, this system should be very strictly controlled, if the judge did not find a capricious and arbitrary, a serious violation of court procedures or obvious bias, they should be lenient application of the system. Otherwise, the judge looked hurt, in fact, the final damage of the parties.
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