Misjudged Criminal Cases And Their Management

Since the reform and opening up,China has gradually entered the era of rights,especially after the socialism with Chinese characteristics has entered a new era,the major social contradictions have undergone profound changes,which reflect in the field of rule of law,that is,the people's good needs for the rule of law and their good expectations for the life of the rule of law,especially for democracy,rule of law,fairness and justice.With the increasing demand,the contradictions with poor legislation,lax law enforcement,judicial injustice and inadequate human rights protection can be effectively resolved only through the reform of the rule of law.It can be said that it is the profound changes of the main social contradictions that have led to the reform of the rule of law and become a powerful driving force.Human rights,as the logical starting point and ultimate destination of the rule of law,comprehensively promoting the rule of law is essentially to realize the right of all-round free development of human beings,which will make the right more sacred and noble in the national society,and promote the guarantee of rights by law to become the party.The concept of governing and the core meaning of law enforcement and judicature of governments and judicial organs at all levels.As the last line of defense for human rights relief,in the process of judicial reform,the central government clearly proposes to strengthen the judicial protection of human rights,and focuses on correcting unjust and false cases,especially criminal ones,as a major measure of human rights judicial protection,as a concrete implementation of the overall strategic deployment of ruling the country by law.Since the 18 th National Congress of the Communist Party of China,under the impetus of the Supreme People's Court,the Supreme People's Procuratorate and other departments,a series of Criminal Misjudged Cases with great social influence,such as the Hugeler pattern,the Uncle Zhang case and the Nianbin case,have been corrected.This is not only a vivid reflection of social progress,the prosperity of the rule of lawand judicial justice,but also a reflection from the theoretical circles and the whole society on why this happens.Multiple misjudged cases? Why is it so difficult to correct a wrong case? It should be said that how to prevent the emergence of Criminal Misjudged Cases and how to prevent human rights,especially the human rights of innocent people,from being illegally infringed,has become a major topic of legal research.It is against this background that this paper regards Criminal Misjudged Cases and their governance as the research topic.While reflecting on the emergence of Criminal Misjudged cases,the theoretical circles and judicial practice circles have different and inconsistent understandings on what is wrong,the causes of misjudged cases and how to effectively correct and prevent misjudged cases,which need to be sorted out and reached a unified understanding.If there is not enough systematic explanation,it will be impossible to provide strong theoretical support for the goal of "striving to make the people feel fair and just in every judicial case".Therefore,on the basis of the analysis of the basic problems of Criminal Misjudged cases,it is an unavoidable major practical subject and a major theoretical proposition to put forward scientific and reasonable countermeasures for the treatment of Criminal Misjudged cases.This article is a comprehensive exposition of Criminal Misjudged Cases and their governance,and then answers the questions of "what is a Criminal Misjudged case","what is the regularity of the practice of Criminal Misjudged cases","what is the reason for the occurrence of Criminal Misjudged cases","how to effectively manage Criminal Misjudged cases" and so on.The above-mentioned problems step by step,jointly construct the logical main line of this paper.The detailed elaboration of these problems also reflects the internal logical thinking of this paper.Criminal misjudged case is a kind of misconception and misconduct in essence.From the point of view of origin,we can use semantic analysis method to interpret "misjudged case" and "misjudged case" separately,thus characterizing Criminal Misjudged Case as criminal justice subject in criminal judicial activities.Because of the misjudgement of facts,the misapplication of law,or the violation of litigation procedure,misjudged conclusion can be made.Give the parties mishandling cases orinfringe on the legitimate rights and interests of others in violation of litigation procedures.That is to say,misjudged criminal cases can be divided into two categories: wrongful innocence and indulgent crime.Based on the rational balance of criminal justice objectives,the old judicial concepts need to be changed urgently and the study of misjudged cases should be carried out thoroughly and systematically.The study of misjudged criminal cases is limited to the misjudged cases of unjust innocence.According to the different scope of misjudged criminal cases,it can be divided into four categories: the most generalized misjudged cases,the generalized misjudged cases,the narrow misjudged cases and the narrowest misjudged criminal cases.Subsequently,based on the consideration of clarifying the focus of misjudged case study,enhancing the pertinence of research,strengthening the policy of research and ensuring the public opinion of research,the scope of empirical samples of misjudged criminal cases and the object of subsequent research on the causes of misjudged cases and the governance of misjudged cases are limited to the narrow sense of misjudged criminal cases,that is,cases in which innocent people are wronged because of misjudged facts.The novelty of this paper is that 2013 is regarded as the boundary of empirical analysis,and 100 major Criminal Misjudged Cases corrected from January 1,1997 to January 1,2013 and 50 major Criminal Misjudged Cases corrected from January 1,2013 to the present.By summarizing the basic situation,correcting the current situation and compensating and recovering the responsibility of 150 sample cases with relatively large capacity,we can find that the corrected errors after 2013 are obviously different from those corrected before 2013 in the causes,methods and initiative of correcting errors,which is not only beneficial for us to learn from historical experience and teach us.On the basis of training,we should reflect deeply on the causes of misjudged cases in the present stage with a long-term perspective,and reflect the important influence of the change of the national legal environment on the management of misjudged cases after the 18 th National Congress of the Communist Party of China.With the development of the times,we should disclose the symptoms existing in the judicial system,so as to correct and prevent misjudged cases,and promote the development of ruling thecountry by law.General plan.On the basis of the regular analysis of 150 sample cases,according to the degree of difficulty in the occurrence of cognitive errors,the causes of errors can be divided into four levels,namely,the basic reason is the problem of evidence,the middle reason is the problem of system operation,the deep reason is the problem of psychological deviation,and the basic reason is the problem of objective restriction.It should be said that the governance of Criminal Misjudged Cases is the core and key innovation of this article,because only by clarifying how to deal with Criminal Misjudged cases,can we ensure that every criminal case is handled fairly according to law in future criminal proceedings,apply the law correctly on the basis of accurately ascertaining the facts of the case,realize the goal of criminal proceedings that punish crime and safeguard human rights equally,and give the party.And the people,to the Constitution and the law a confession.Therefore,this paper puts forward a new research perspective,that is,to put the problem of Criminal Misjudged Cases under the background of promoting the rule of law in the national governance system and governance capacity,and to put forward the concept of Criminal Misjudged Cases governance,which refers to the practical activities and processes of national power organs,social organizations and individual citizens to prevent and relieve Criminal Misjudged Cases according to law.Among them,the main body of governance is the state organs of public power,social organizations and individual citizens,especially with the state organs of power as the core;the object of governance is Criminal Misjudged cases,including those that have not yet happened and those that have already happened;the content of governance is prevention and relief,that is,pre-prevention and post-rescue;the way of governance is "system" governance,because the system is fundamental.It can not only improve the quality of people,but also restrict the abuse of power and dereliction of duty of the administrators.Therefore,the key to the management of Criminal Misjudged Cases lies in the reform and innovation of the system.The goal of governance is to prevent potential misjudged cases from forming and correct them in time according to law once they are found,so as to safeguard civil rights and restrain the state.Power,let the people to establish confidence in the rule of law.According to the scope of governance,it can be divided into broad misjudged criminal case governance and narrow misjudged criminal case governance,in which the former includes the concept of dual objects of potential misjudged cases and obvious misjudged cases,relief and prevention,while the latter is only a single object of potential misjudged cases,effectively preventing the concept of single connotation.In view of the fact that the theoretical research and judicial practice of Criminal Misjudged Cases in our country have been focused on the relief level for a long time,and because the governance of Criminal Misjudged Cases is a complex and systematic project,involving many aspects,and unable to achieve all-round elaboration and demonstration,this paper defines "governance" as "prevention",so as to highlight the focus on Criminal Misjudged Cases with pertinence.Research on governance.As an important branch of national governance modernization,the modernization of Criminal Misjudged Cases also contains two dimensions,namely,the system of Criminal Misjudged Cases governance and the ability of Criminal Misjudged Cases governance.Among them,misjudged case governance system is formed by a series of institutional measures to deal with misjudged criminal cases.The ability to deal with misjudged cases is the ability of the subject to prevent misjudged criminal cases by using systematic measures to deal with misjudged criminal cases.As far as the relationship between misjudged case governance system and misjudged case governance ability is concerned,misjudged case governance system is the precondition and foundation of misjudged case governance ability.The rationality and operability of the system play a decisive role in the implementation of the system,while misjudged case governance ability is an important guarantee for the implementation of misjudged case governance system.Through the interaction and mutual promotion between the Criminal Misjudged Case management system and the Criminal Misjudged Case Management ability,the three organs of public prosecution law,on the premise of taking trial as the center,play their respective due roles independently,responsibly and harmoniously in the project of the Criminal Misjudged Case Management system,further improve the quality and level of investigation,prosecution and trial,and jointly build the bottom line of misjudgedcase prevention,and cooperate with each other.The whole society will work together to create a good criminal justice environment for the construction of China under the rule of law.In order to make a logical and progressive study of the above topics,this paper makes the structure arrangement of the introduction,the first and the second parts.The introduction mainly elaborates the background and significance of the topic,the status quo of Criminal Misjudged cases,research methods and the basic framework of this paper.The first part is about the basic problems of Criminal Misjudged cases,which includes the scientific characterization of what is Criminal Misjudged cases,the detailed description of the practice of Criminal Misjudged cases,and the theoretical analysis of the causes of Criminal Misjudged cases.The second part is the research on the governance of Criminal Misjudged cases.This part focuses on the governance of Criminal Misjudged cases.On the basis of the comparative study of the origin and development of the governance theory between China and the West,the concept of the governance of Criminal Misjudged Cases is put forward and divided into two dimensions: the governance system of Criminal Misjudged Cases and the governance ability of Criminal Misjudged cases.Through the interaction and mutual promotion of the two dimensions,in order to effectively prevent the punishment.The emergence of misjudged cases effectively protects people's rights and interests,and vigorously promotes judicial credibility and judicial authority.