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错案责任追究机制包含对错案的认定和对错案责任的追究两个方面。对于错案的认定,应采取客观标准,司法人员主观过错和行为违法不应纳入错案的评价因素。以此标准,错案是指司法机关在认定事实、适用法律上确有错误,造成公民或者其他组织权利受到侵害的案件。对错案责任的追究,应在司法责任制中,通过确定检察环节错案标准、完善检察官办案责任制、规范错案责任追究的运行程序等途径,从整体上进行制度构建。
Misconduct accountability mechanism includes the identification of the wrong case and the investigation of the responsibility of the wrong case two aspects. As to the identification of the wrong case, objective criteria should be adopted, and the subjective fault of the judicial personnel and the unlawful conduct of the judge should not be included in the evaluation factor of the wrong case. By this standard, misjudgment refers to the case where the judiciary has made a mistake in finding the truth or applying the law and infringes the rights of citizens or other organizations. The investigation on the responsibility of wrong cases should be carried out systematically in the system of judicial responsibility through determining the standards of the cases in the procuratorial process, perfecting the prosecutor’s responsibility system for handling cases, and regulating the operational procedures for investigating the responsibility of wrong cases.