论文部分内容阅读
随着司法责任制改革的不断推进,两高接连出台了关于案件终身质量负责制的相关规定。然而,终身责任制的规定就效力来说,要比全国人大通过的《刑法》、《刑事诉讼法》等法律低,依据法理,当终身责任制规定与其他法律的规定相冲突时,应遵从法律的规定。如果一名司法工作人员涉嫌徇私枉法罪,且已经过了追诉时效,依照刑法规定就不应当再追究其刑事责任,但是按照终身责任制规定则需要加以追究。本文从这一问题出发,就如何协调案件终身质量负责制与刑事案件追诉时效进行了研究并提出了建议。
With the continuous promotion of the reform of the judicial responsibility system, the two universities successively promulgated the relevant provisions on the responsibility system for the quality of life of the case. However, the provision of lifelong liability system is less effective than the Criminal Law and Criminal Procedure Law adopted by the National People’s Congress. According to the law, when the provisions of the system of lifetime responsibility conflict with the provisions of other laws, it should be followed Laws and regulations. If a judicial staff member is suspected of being unjustly guilty of innocent acts and has already passed the statutory limitation, criminal responsibility should not be pursued in accordance with the provisions of criminal law, but it needs to be investigated in accordance with the provisions of the system of lifetime responsibility. Based on this issue, this paper studies how to coordinate the responsibility system of life-long quality of the case with the limitation of prosecution in criminal cases and puts forward some suggestions.