Research On The System Of Preventing Misjudged Criminal Cases

From 1978 to 2018,the reform and opening-up policy has been implemented for 40 years.In these forty years,our country criminal procedure law also experienced the recovery,the development,the prosperity different periods,and in this process gave birth to our country criminal wrongful case prevention road.To sum up the causes of wrongful criminal cases in different periods of our country,the wrongful criminal cases cannot be avoided in the process of pursuing criminal justice,when facing the problem of wrongful criminal cases,the key is how to deal with the wrongful criminal cases.Over the past 40 years,the practice of our country's criminal misjudged cases has proved that prevention is the best way to deal with misjudged cases,and system is the most effective prevention.In this paper,we using system analysis method,combing a crime prevention system change from 1979 to 2019 in our country in the accumulation of experience and results,based on the development of a crime prevention system for the future,construct the system.The main content consists of preface,conclusion and four parts.Chapter ? is the overview.On the basis of the existing literature related to the research,put forward the academic recognition of criminal misjudged cases this basic concept.Around the concept,based on the procedure for trial supervision in criminal procedure law of our country of reason to define the scope of criminal misjudged cases,based on its connotation,extension and classification,as well as to the standard of criminal misjudged cases of carding and comparing basic research.This part of criminal misjudged cases of basic problems,to study the causes of criminal misjudged cases defined category.Chapter ? is the causes of criminal misjudged cases.Prevention of criminal misjudged cases need to be targeted,genetic research is indispensable.In this part of the use of data analysis,statistical sampling was carried out on the collecting 91 cases of criminal misjudged cases,in order to avoid the case study of hysteresis,drawn from 91 cases from 2003 to 2018,30 typical criminal misjudged cases appeared to extract phase crime causes and change,and in view of the present paper summarizes the causes of criminal misjudged cases.At the same time,by using the method of comparative study,the United States,Britain,Canada and Japan crime cases and the cause of transverse research.The commonness of countries lead to a crime causes,and to reflect on the causes of criminal misjudged cases in our country.This part from the perspective of the causes of criminal misjudged cases,provide direction to the research of crime prevention system.Chapter ? is about the change of the misjudged Criminal Cases prevention system.Selection system analysis as the main research tools,including the use of representative Douglas in institutional economics,institutional change theory for understanding method,the time of historical Institutional-ism theory as the analysis method,to our country on the crime prevention practices of 1979-2019,and summed up the experience and achievement.This part of crime prevention system change with system analysis method,a crime prevention system for the future of innovation practice base.Chapter ? is the path of the misjudged Criminal Cases prevention system.In the first,second and third part of the research as the foundation,will be a crime prevention system practice and system analysis method,using the system analysis of misjudged cases,with wrong interpretation system.System theory with the fusion after forty years misjudged cases governance practice in our country,we find that the diversity of China criminal misjudged cases causes,the evolution of a crime prevention system change mode,a crime against the power of institutional change and path dependence,based on China's basic national conditions,with the eye of the world,solve the problem of China,and provide support for future crime prevention system of innovation."For copper mirror,can is dressed,with history as a mirror,can know replaced;Lookingglass self,can know the gain and loss." can serve as a mirror of the criminal justice of criminal misjudged cases,reflecting the world.We through the combing and summary of the practice,the change law of reflection system.Study of transverse comparison from the outside at the same time,these cases and national conditions,domestic and abroad,the combination of theory and practice experience and lesson of judicial reform and the rule of law is of great significance.At present,our country is comprehensively deepen reform,also deep judicial reform.The central committee of the communist party of China vision to grasp the historical inevitability,under the background of the new era,crime prevention and governance has become the important subject in the field of current judicial reform in our country.As an opportunity to governance issues of criminal misjudged cases,must need to do something.Therefore,in this paper,based on the research of the crime prevention system,for a crime prevention system in the new period of development and the management of criminal misjudged cases provide a new way of thinking in China.