南阳师范学院学报2018，Vol.17Issue(2)：13-20,8.
司法责任认定基本问题研究
Basic Issues Regarding the Determination of Judicial Responsibility
王志祥 1王艺丹1
作者信息
- 1. 北京师范大学 刑事法律科学研究院,北京100875
- 折叠
摘要
Abstract
At present,scholars often use two kinds of concept of responsibility of misjudged cases and judicial re-sponsibility in a confusing way. However,fundamental differences exist between the two kinds of concept. The for-mulation of"responsibility of misjudged cases"should be discontinued. The change from the"result"as the main criterion to the"act"as the main one has occurred in the determining criterion for judicial responsibility in our country,which is reasonable. Judicial organs and judicial personnel are the two main subjects of judicial responsi-bility. Judicial organs take the responsibility of organs through judicial compensation and procedural sanctions. The criminal,disciplinary and civil responsibilities are included in the personal responsibility of judicial personnel. Ju-dicial responsibility is a kind of complex legal liability,and its imputation principle is a combination of multiple im-putation principles.关键词
司法责任/错案责任/认定标准/责任主体/归责原则Key words
judicial responsibility/responsibility of misjudged cases/determining criterion/subject of responsibil-ity/imputation principle分类
社会科学引用本文复制引用
王志祥,王艺丹..司法责任认定基本问题研究[J].南阳师范学院学报,2018,17(2):13-20,8.
