Justice Research

Abstract In this paper, the outstanding issues of Justice and how to innovate and improve the prosecution of the proceedings, the legal oversight mechanisms, increase the lax enforcement of unjust force behind the investigation and handling of job-related crimes such as how to better perspective of the embodiment of Justice .

Keywords legal supervision of judicial inJustice of Justice

Justice is the fair trial of the case and make the right referees, including procedural justice and substantive justice aspects. As a social justice focus of attention in recent years is being questioned more. Although we say that miscarriages of justice is individual phenomenon, where people are not as severe as rendering, but it must not be belittled. based on the majority of the people's awareness of the Law, more justice in their heArts is to look at the trial process and the results of a just verdict or not, it is This Article talk about the impact from the trial stage outstanding issues of justice, a miscarriage of justice as well as the main reason for the prosecution, how do we innovate and improve the legal supervision of litigation activities, how to increase the lax enforcement of the duties behind the miscarriages of justice Criminal investigation and handling efforts.


First, the current judicial activities of the outstanding problems in the miscarriages of justice

(A) of the same nature in the different cases, not the same as the result of decisions

Under Criminal Law "to adapt the principles of crime" and "the principle of equality before the Law" requirement, the same level of crime should be subject to the same Criminal penalties. Only the same punishment with the crime in order to reflect the authority and impArtiality of the Law to make public Law convinced the law will be more deterrent. But in reality judicial practice, different punishment with the crime situation sometimes. For example, the same amount of money involved with the casino with the case, the principal sub-contractors rather than an accessory light. in-depth inquiry The reason for the relatively light sentence that a relatively large principal payment of fines, while the other can not pay you a huge fine. have to pay fines as a measure of how much the standard, is a very serious miscarriage of justice performance. courts This sentence in the law is a serious offense, from the pArty side is a serious miscarriage of justice. and in the prosecution's point of view, this situation sometimes exists, if we protest, after working on difficult to reconcile, so often can only be coordinated with the courts deal with. But the referee, the social impact is relatively poor, so that many in the community who think that the lack of legal knowledge, committed a crime as long as the payment of the fine to be free from jail , can not turn in a fine should go to jail. This is the purpose of the law of a punishment does not conform to the authority of the law in the heArts of the people greatly reduced.


(B) the problem is particularly serious Yifadaixing

By law, the suspect, fined, and not a substitute for the penalty suspects. But the trial practice, some cases, the suspect shall be fined no longer be held Criminally responsible, if the first part of the case notes pay a fine to be lenient, then Yifadaixing to pay a fine if that can be exempted from punishment. However, according to the law, fines are not a substitute for punishment, because the penalty is a kind of economic sanctions, mainly for economic crimes , property-type crimes, so Yifadaixing is a phenomenon of illegal, but the practice is uncommon.


Second, the factors that influence the course of justice

(A) of the judicial system, restrict and impede the course of justice

China's 1987 Constitution clearly stipulates: "The people's courts exercise judicial power independently in accordance with the law by administrative organs, social organizations and private interference." Despite the principle of independent adjudication by the Constitution and "<People's Court Organization Law"> clear that However, due to traditional culture and the constraints of judicial tradition, our judicial system and its operation with a clear administrative color. administrative organs, social groups and relevant personnel deep impact on justice, reason is that the person Court , financial, and material management system by the same level of government, the court is subject to local government, and sometimes the courts have to apply for Qu law situation, where the interests of the court, judicial power to local. Some local party leaders to the court as their own a department, and stressed absolute obedience to the Party leadership to the formation of the "party" absolute leadership of the judicial activities of the Chief of the judges of the general civil service management, followed by the formation of a weak awareness of the leading cadres of the law, this is justice injustice the most objective external factors, the inherent shortcomings of the judicial system is difficult to make a truly independent judicial power, if not to change, to do justice, it can only bite the bullet, there is no judicial independence, judicial impartiality, such as on paper ��.


(B) the delayed impact of the judicial philosophy of justice

Justice is the judicial concept of the New Year and the inner law of legal evaluation of the sum of certain acts. In the past the concept of Criminal justice is the presumption of guilt and the suspected crime favorably. Jingshan County in Hubei that shocked the nation suspected of murdering SHE injustice from the perspective of the judiciary to check mainly under the influence in the formation of this concept, there is mystery there are two possibilities may be criminal, it could be innocent. and when evidence to the very high level, there will be more likely than the suspect committed the crime without committing the crime, larger than the case of innocence, but final decision must be asked is ample evidence, rule out other possibilities, otherwise, should be regarded as insufficient evidence for innocence processing, which appear to conflict with traditional thinking. worthwhile is not vertical ideals and the pursuit of processing of cases may be difficult to co-existence, but is definitely not a good man wronged, and if SHE's case into the judicial process from the beginning, in accordance with the principle of presumption of innocence under the Criminal Procedure Law, the Conflict of Justice established the concept suspicious I am afraid that will not suffer for 11 years She unredressed injustice and the pain of a prison.


(C) the court the drawbacks of the internal management mechanism has also affected the course of justice

Although the law of procedure the challenge system, but only on the trial proceedings to avoid, and whether in practice such a system to play a role there is considerable doubt. Acquaintance of the judge handling the case, the face of the blood, home, family and even the superior-subordinate relationship, relationship between students, friends, relations between a network and then forming a vulgar Relations powerful impact, coupled with the emergence of statutory flexibility in terms of high-frequency, elastic range, an acquaintance to open your network side of the care attention, even Bao alive, but also very sad that human relations, no doubt a considerable part of the judge's discretion will play the most, and in the jurisdiction of the operational level of implementation of the heads of examination and approval system, run too many links , unclear responsibilities, Zequan Li divorced, so that the results of subjective decisions, arbitrary increases, causing ad litem does not decide cases, judgments are not ad litem, an independent judiciary, Full Court, the judicial committee's main responsibility is not a true form of leadership the final say of the "rule of man" system ��.


(D) Social status constrains the course of justice

First, the court can not resolve their own difficulties, investigators handling the case conditions are not improved, in particular less developed central and western regions, the lower the treatment of judges, all local governments can not solve its funding, a number of indicators and the court handling the case with court costs issued charging indicator method, income to make up, so chaotic struggle jurisdiction, more charges, the behavior of arbitrary charges become a common practice, the judicial activities of commercial, vulgar, then emergence of local protectionism and departmental protectionism ��; the second is exposure to the judges in the community environment , but also by the intrusion of ideas, their family life, children, employment and other issues so that can not be avoided, in the current judicial system and social environment, they are hard not to ask your friend, Latin American relations, seek help, then there will be some " three cases ", with" Zhifafanfa "miscarriage of justice has emerged.

Third, how to improve the right of inspection and supervision

People's Procuratorate, as the only statutory supervisory authority in the legal system in China has an important position and role. In recent years, prosecutors continue to strengthen legal supervision of consciousness, set the people thinking of law enforcement in combating crime, protection of economic construction, the maintenance of stability made a positive contribution. we all know, the right of the prosecution in the form of legal supervision is through the handling of specific actions to achieve. It is different from the NPC's supervision, democratic supervision and the news media, public opinion, should have a strong operation and practical. But in the current legislation, inspection and supervision on the right there is not the perfect place, resulting in the full exercise of prosecutorial supervision is difficult, as a law enforcement practice at the grassroots level in the Prosecutor, I would like to make a few suggestions . Links to Research Papers Download http://www.hi138.com (a) of the filing of the complete supervision

China's current <<Criminal>> Article 87 clearly stipulates: "People's Procuratorate thought the police should be on file for investigation of the case and not on file for investigation, or that the victims and the public security organ for investigation of cases that should not file for investigation, to the People's Procuratorate, the People's Procuratorate shall request the public security organ of the reasons for not filing. People's Procuratorate thought the police for not filing the ground can not be established, it shall notify the public security organs, public security organs shall file the case after receiving the notice. "But at the grassroots level judicial practice, due to the provisions of the not perfect, resulting in judicial practice be difficult to operate. <<Criminal>> Section 87 provides that "... ... the public security organ shall, after receiving the notice filing" only stop here. Of course, in practice, most of the public security organ receives the prosecution quickly after filing a timely notice on file for investigation, but there are also individual filing notice of the public security organs are not receiving the filing, which, in accordance with the Criminal procedure of the existing system, public inspection, law division of the three organs of the principle of "division of labor, coordination and mutual constraints", the prosecution is not the public security organs between leadership and command, leading to public security organs filing a notice of prosecution after the prosecution refused to implement the helpless, filing notice of the prosecution will become a dead letter. of course, the public security organs on the prosecution's reasons for not filing the notice of filing may have two, one public security authorities on the prosecution's filing notice disagree with, which suggested 87 add a review or article review procedure, the public security authorities to make informed decisions on the prosecution drew a prosecution appeal or review, reconsideration or review the original decision after the maintenance of public security organs should be unconditional and immediate implementation; other cases of public security authorities refused to implement the other elements without good reason informed decision of the investigation the People's Procuratorate, the proposal brought by the People's Procuratorate of the People's Procuratorate at a higher level public security organs at the same level instruction, request the public security organs at lower levels, so that the right to implement the supervision of the prosecution filing �� .


(B) the right oversight and investigative oversight of the perfect execution of punishment

Given our current system of criminal proceedings the prosecution's investigation of the activities of public security organs and the penalties for acts of the implementation of regulatory reform oversight, in practice, the public security organ for investigation and prosecution of illegal activities, orally or in written form of notification to correct the illegal to monitor. Again, the majority of the public security organs or the receipt of regulatory reform place a notice of prosecution can consciously correct the violations, but some places still there, "You notice you, I do my" phenomenon, because Under the existing provisions of Code of Criminal Procedure which are issued to correct the illegal prosecution notice of date, but not below, does not require the prosecution to correct violations of public security organs are not bound by constraints, which allow the implementation of monitoring and supervision of investigation pale weakness, a "not correct", the phenomena, such as the deadly disease in criminal proceedings - extended detention, in a few years ago to be getting worse, although the prosecution repeatedly corrected, but have not been effectively curbed ��. their essence , or the existing system of criminal procedure does not give the prosecution in the investigation and supervision and enforcement of supervision of the public security organs of the control mechanism, it is proposed legislation to strengthen criminal prosecution system, the public security organs of the constraints on the control mechanism, so that the right of prosecution and investigation and supervision supervise the execution of punishment truly implement to maximize prosecutorial power, so that the law prosecutors to better perform their supervisory duties.


(C) supervision of judicial activities of the Court Improvement

On the one hand to strengthen the supervision of the timeliness and authority of the court's violation of the procedures to be in court that if the court refused to accept the recommendation, the prosecutor can take the initiative retired for, request an extension trial to our hospital's Committee on Attorney-General or the Attorney to seek solutions, and not allow illegal activities to continue the litigation. On the other hand, will hear the case of private prosecution of cases and written into the scope of judicial supervision, prosecutors should, through various channels to understand the trial of such cases are legitimate, avoid gaps in supervision. Again, the provisions in the law the prosecution has brought impeachment to the NPC, such as the judges refused to correct the violations, the prosecution have the right to bring impeachment to the NPC, the proposed revocation of its judges qualifications.


The author analyzes the impact of the above outstanding issues of justice and how to innovate and improve the prosecution of the proceedings, the legal oversight mechanisms, the following simple and talk about how to increase the lax enforcement of unjust force behind the investigation and handling of such crimes. You know, hiding behind a lot of miscarriages of justice of a people can not see the "gray trading", it is because if the judicial officer to make the case that the results so that he can be a huge economic interests, will allow some justice will not firm loss of staff moral, regardless of political life, regardless of shoulder responsibility, take risks, so we were hit from the source.


To broaden the case of the source channels. We should conscientiously accept and receive letters from the masses, visit, selected from a number of clues. Generally suffered miscarriages of justice the parties are relatively weak, they powerless, so the case in the event of unfair The first reaction is to sue the relevant departments, hoping to help the relevant departments. so that relevant reports and complaints received, be sure to carefully review and verification, if necessary, direct dialogue with the parties to seriously listen to their views If you find the situation as they put it does exist, careful to carry out preliminary investigation. preliminary investigation leads to the early development of search programs, pay attention to preliminary investigation strategy, selecting the right break point, grasp the timing of filing, timely filing, efforts to improve the preliminary investigation into the case rate, to prevent the loss of clues.


Notes:

YE. Of the factors that miscarriages of justice. Legal Daily on 2 August .2001.

Zhou Xia. Strengthening the Work of Inspection and Supervision. Chinese prosecutors .2003 (8).

Chen Bingjun. On the prosecutorial power of improvement and innovation. Http / /: www.fzzx.net.

Lin Yingqi. How to strengthen inspection and supervision over it. Zhejiang Attorney .2001 (2).

Chen Bingjun. On the prosecutorial power of improvement and innovation. Http / /: www.fzzx.net. Reposted elsewhere in the Research Papers Download http://www.hi138.com