On How To Improve The Precaution And Remedy System Of Misjudged Criminal Case

In recent years,along with a series of misjudged criminal cases such as Zhang Hui and Zhang Gaoping case were frequently exposed,the Criminal Misjudged Case has become a heavy topic in social life.But in the circles of theory and practice,the misjudged case has always been a hot topic.But so far,being lack of authority,unified view of the concept of misjudged cases,scholars research is launched in different context environment,so it is difficult to form a unified opinion.The reason lies in the nature of the misjudged cases,the lack of profound understanding.In fact,if we regard the criminal law as the behavior contract between citizens and state,elements and the standard of conviction,conviction procedure of crime constitution,is the entity standard,evidence standard and procedure standard of the national power of prosecution and punishment.Therefore,the author thinks that the essence of the misjudged case is the state exercise the power of prosecution and punishment to citizens incorrectly or in the wrong way,being not in conformity with the entity standard,evidence standard and standard procedures in the circumstances of the case.The definition of the concept of criminal misjudged cases should be based on the violation of the principle of legality in nature,only in this way can really help us fully guard against all kinds of wrong,can also guide the theory research and practice work objective through the concept of research.Therefore,the author defines the concept of misjudged cases from four aspects,and first proposed this view on the source of legislation,a material breach of the principle of legality.According to the location choice of practice research,the concept of the narrow sense,refers to the judiciary staff intentionally or negligently prosecute and convict the suspect,being not reach the standard of evidence cases,namely the general life sense of injustice,making,as the research object in this paper.The current theory,research on this type of misjudged case practice,mainly launches the research from two aspects of the existing litigation legislation and law enforcement,judicial style specific problems.In fact,whether the investigation,prosecution,trial,execution,error correction,responsibility,any one part of litigation activities is a collective activity,any decision is the result of collective decision-making practice.To implement the abstract legal into specific cases,and turning it into the behavior of law enforcement and judicial decision of concrete,is not a crew of one or two judicial organs isolated individual behavior,but a process of collective implementation of legal provisions.But we know that,in fact the formation process of the collective activities of the decision is very complex.And it is often formed of a series of repeated task structure,division of tasks,task execution,execution of information feedback,information analysis and Research on the activities,there must be corresponding organizational norms,standards of behavior to the formation of norms,and orderly activities,the formation of the right decision."Method of finite and infinite situation",adaptive law decides it must maintain a degree of elastic interpretation of space,in order to adapt to the changing reality;the finitude of human understanding also determines the legislation cannot always foreseen everything in reality.Hence,in each link of law enforcement,judicial,apart from the law,but also there must be the corresponding work norms and standards of behavior,work practices,namely the working mechanism,to regulate every link of collective action and case handling each specific members of collective action.In fact,the act of the judiciary staff for specific law enforcement,is the result of the law and the working mechanism of the common mold.In criminal procedure,the reality effect of working mechanism of criminal justice on the microcosmic,concrete behavior of law enforcement is very large,as the following four aspects:Firstly,establishing a working mechanism or not directly affects the implementation of legal provisions.Secondly,the effect of establishing a working mechanism directly influences the effect of the implementation of legal provisions.Thirdly,the establishing working mechanism can fill up the space of the law.Lastly the improper work mechanism even lead to the law cannot be implemented.Through the analysis of macroscopic characteristics,microscopic features of misjudged case,we can draw that the cause of the frequent misjudged cases has great relationship with our current criminal judicial working mechanism failed to fully implement the principle of legality,in addition to the reason of procedural legislation,judicial personnel judicial idea,ability and means.On the one hand,the above situation leads to the deviation in the overall construction of judicial working mechanism,and seriously restricts the function and effect of misjudged case prevention mechanism.On the other hand,it also makes our lawsuit inherent in a high risk situation.Therefore,to prevent misjudged cases,we must ensure the legality principle truly implemented as the goal,to reform and improve the working mechanism of criminal justice.Specifically,there are long-term reform path and recent improvement reform path.Regarding to the conception of long-term reform,firstly is to establish the scientific crime litigation mechanism for guidance;secondly is to follow the principle of rule of law,the reform of the judicial authority management system.And regarding to the conception of recent improvement reform,is to protect human rights and achieve judicial democracy as a guide,strengthen the rule of law in criminal judicial work in color,reduce administrative components,comprehensively improve the working mechanism of criminal justice.On this basis,combined with empirical research,the author puts forward detailed suggestions on the mechanism of resource allocation,handling mechanism,dynamic mechanism,target surveillance mechanism,account ability mechanism etc.,in the present criminal judicial system.