On Basic Questions Of Misjudged Criminal Case

Misjudged criminal case has been one of the difficult problems to perplex the criminal judicial theory and practice all the time. Whether Misjudged criminal case is properly controlled directly concerns the criminal judicial mechanism. The misjudged criminal case brings enormous danger, some of it even brings the irredeemable great consequence to mankind. So how prevent and reduce misjudged criminal case is an very important problem. This text took the logic starting point with the research category of the misjudged criminal case, and has carried on the systematic analysis and combed the questions of responsibility theory, the preventing mechanism and national compensation for the misjudged criminal case, etc. Combining our country's criminal judicial practice, the text also reviews the existing problem of our country from the real aspect.Besides the preface and conclusion part, this text can be divided into four parts altogether. Among them, the part of the preface has firstly explained the source and purpose of this selected question, so as to establish the basic research thinking of this text. Base on the premise that this thinking can be established, the first part is the definition standard of the misjudged criminal case. To research the misjudged criminal case systematically, we must give a science and intact definition of misjudged criminal case under China's linguistic context at firs. The author holds that the misjudged criminal case exists in criminal procedure objectively, it refers the case misjudged by the staff members of judicial authority inconsistent with objective fact, covered by the substantive law or the procedure law. After definition, then we should investigate the theoretical foundation issue of responsibility of the misjudged criminal case. Carrying on textual analysis on the responsibility theory to the misjudged criminal case, the text orientates through judicial personnel's social role as the breakthrough point, through the analysis of fanning out from point to area, analyze the subject responsibility of the misjudged criminal case. And then through the asking the principle foundation of misjudged criminal case, the text analyzed the factor of the responsibility of misjudged criminal case. Finally, the text also explained the extension of misjudged criminal case based on the six kind standard of the misjudged criminal case.The second part of the thesis is about the source of the misjudged criminal case. If we want to prevent the occurring of misjudged criminal case effectively, besides the improving of importance of avoiding misjudged criminal case in the mind, the more important is to understand the mechanism happening in it, that is to say the question of original cause of misjudged criminal case. Considering with it, outside of judicial personnel's limitation of knowing, understand the main reason of misjudged criminal case, then we can construct a prevention mechanism of the misjudged criminal case that may has temporary and permanent cure. This chapter has analyzed the reason that the misjudged criminal case happens from the national aspect and the international aspect, and the author holds that when we are calling upon the updated concept of justice in the same time, how to guide the public opinion, how to regulate legal culture accepted by the community is facing a more urgent task.The third part is about the control of the misjudged criminal case. Through the comparison of national with foreign control model of criminal wrong case, the Chinese control mode more emphasis on the deterrence effect, through deterrence to achieve the control of judicial abuse of power. And foreign countries emphasis on the protection effect, through a multi-level protection mechanism to realize the control of judicial abuses; in the control mechanism, China's more emphasis on administrative measures of the intervention, while the foreign countries more emphasis on the judicial means to intervene under the premise of maintenance of judicial independence. This resulted in two distinct control modes of criminal wrong case in China and foreign. This is of course a result of national conditions and social conditions caused by differences in degree of development of different factors, but in a more profound reason are also due to the undeveloped process of China's rule of law. Because of the above-mentioned analysis of the causes, the prevention system of the misjudged criminal case should lay particular emphasis on molding the advanced judicial idea , perfect the environmental construction of the judicial independence, strengthening and debating right further, and build and construct the working mechanism of precautions against extorting a confession by torture.The fourth part is about the two-level relief of the misjudged criminal case. The two-level relief includes the responsibility mechanism and the compensation system. The author holds, we must change our traditional idea and system, change the way to assign responsibility of the misjudged criminal case in the past, and adopting the judge discipline mechanism (and public procurator discipline mechanism, etc.) which can ensure judicial independence, and are accepted most countries all over the world. At the same time, we should take precautions against acts violating laws and dereliction of duty in the judicial work, and this should be the basic idea and direction in building a substitutability mechanism of nowadays mechanism in the future of our country. Through the comparison and summary with other countries'national compensation system of misjudged criminal case, the text holds that our country's lack of legislative experience and preparation has led to the fact that some questions and difficulty have appeared in the judicial practice. These difficulties came from extensive legislating methods, therefore we should put the focal point of the reform in the revision of legislation in the future, through perfecting implementing regulations and procedure, we can get rid of and reduce the difference in the practice work.