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louboutin france " To achieve this goal

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  • Started 10 years ago by nbapsdklirwi

  1. nbapsdklirwi
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    <p> we can not guarantee does not happen 'wrong case' because the wrong case to determine uncertainty." Xiao Yongping said that under modern conditions the rule of law, a different judge because of the evidence admissible, the emergence of new evidence, the law does not specify, the law vague, different perceptions of judges inherent discretion, may lead to a different judge the case on the same make a different decision. Therefore, can not simply be based on a "correct" decision on the identification of other different verdict is "wrong" decision. In Xiao Yongping opinion, a realistic choice,air max pas cher enfant, depending on the external behavior of judges, such as violation of the legal proceedings, departing from the neutral position of the (privately meeting with the other party or a lawyer, dining), harm the interests of the parties and so on, evaluate whether it has lost the credibility necessary for a judge.</p>

    <p> otherwise it will lead to "wrong case" Range The expansion, also may cause referee's loss. Southwest University of Political president are reminded, for the wrong case, a detailed analysis to be realistic,piumini woolrich, what is which aspects of a problem, "if you have problems with the public security or procuratorial link, it should not put this off the board on the last hit of the Court . " Prevention system: build Judge liability waiver system.</p>

    <p> or is the wrong case in the most serious cases. Xiao Yongping said that in judicial practice, injustice and false cases a small proportion,peuterey prezzi, if genuine grievances and false cases occur, it is relatively easy to correct. Wrong case is different,nike air force, every violation of the law, whether substantive or procedural law, as long as the qualitative inappropriate, unclear facts, insufficient evidence,abercrombie soldes, the program has major problems and so on, are likely included in the "wrong case" category. To this end, he suggested,outlet moncler, on the "wrong case" finds should be further limited, clear, for the program, defects or errors exist on the entity's case, if by the second instance, the trial monitoring program to be corrected, did not cause serious consequences, can be identified quality defect cases, there is no need to go for the wrong case accountability. For causing serious consequences, they still need to consider whether there is a judge for personal gain,nike sito ufficiale, the situation is contrary to the neutrality status. "As far as I know,nike air max italia, does not exist simply because of quality defects and serious consequences of the case." Xiao Yongping proposal, wrong case responsibility is intended primarily for injustice and false cases, other types of misjudged cases should be strictly limited to that standard and scope, it is recommended to the presence of the judge "willful and gross negligence" is a necessary condition for subjective. Nanjing University Law School Dean Lee also believes Friends of the root, at least gross negligence, leading to capricious and arbitrary injustice,abercrombie paris, it may "lifelong accountability." Process Control: clear accountability misjudged cases starting conditions "Re sophisticated sound of the judicial system and impartial wise judge again.</p>

    <p> In fact,air max sito ufficiale, experts fear is not groundless, as Sun Yat-sen dean Xu Zhongming said, "In real life,giubbino peuterey uomo, if a case if it is found wrong, there will be 'do die' idea,nike air force prezzo, because once turned out, on a dozen people,basket zanotti, even dozens of people to be punished. " In this context, the emergence of independent adjudication afraid some judges reluctant to independent adjudication is not the case and even independent judgment. The media pointed out that the other can not be ignored is that investigators do wrong case, it may be because of pressure forced the crackdown, or forced "the leadership" of pressure. In this regard, Xiao Yongping pointed out, one of the objectives of China's judicial reform is to "let the trial judge who, by the referee who is responsible," To achieve this goal, we must deal with the protection of the referee who exercise judicial power independently and Prevention judge malfeasance or abuse of discretion relationship. Sources Governance: should be strictly limited "wrong case" that standard and scope Xiao Yongping that, in order to make the judges' discretion is not affected, should be strictly limited "wrong case" that standard and scope. In fact, some media and normative documents used by the "injustices" just generally saying sociological sense, because the existing Chinese laws and regulations on the "injustice" and "false cases" have no legal description, just to name a higher court some cases can be commuted,moncler outlet, these cases can be referred to as "the wrong case." The "injustice" and "false cases", but a special form misjudged.</p>

    <p> fairness, and as a standard of accountability of judges. "'Wrong case' results only start necessary premise of this responsibility, but not a sufficient condition." Xiao Yongping stressed. Xiao Yongping proposal,louboutin soldes, identification methods should learn from medical malpractice,chaussure giuseppe zanotti, it is recommended that the Committee misjudgments by the members of the legal professional community of judges, prosecutors, legal experts, arbitrators,barbour pas cher, legislative workers, lawyers, notaries, law enforcement supervisors, the people's supervisor and other components finds wrong case,nike shox, and in accordance with strict criteria defining misjudgments judge found liability. Xiao Yongping reminder, although the referee judge should take into account the political effect, legal and social effects, but on the "wrong case" criteria should be based on legal provisions expressly to avoid other effects according finds wrong case.</p>
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