On Criminal Misjudged Case

Fairness and justice have always been the value pursuit of the socialist rule of law.However,due to the exposure of a number of Criminal Misjudged Cases,which caused a great deal of public shock and triggered a heated discussion about the Criminal Misjudged cases,thus,which also opened the prelude of the fourth round of judicial system reform.The rate of Criminal Misjudged Cases which has always been regarded as an important indicator to test the achievements of judicial system reform can success to attract our attention.Maybe it's because of the public's extreme desire for fairness and justice and maybe it's because of the urgency of reform,scholars devoted almost all their energy to the study of the causes and prevention of Criminal Misjudged Cases.Little attention has been paied to the original appearance of Criminal Misjudged Cases,There are some tendencies in the relevant research,such as the generalization of the concept of Criminal Misjudged Cases and the emphasis on facts rather than the application of law.It is not beneficial to people's correct understanding of Criminal Misjudged Cases and it is harmful to the comprehensive and systematic reform of the judicial system.Therefore,it is necessary for us to reexamine the problem of criminal misjudged cases and related judicial reform with a more calm and rational attitude.This dissertation is based on Epistemology,redefines the concept of misjudged criminal cases,further clarifies the legal attribute of Criminal Misjudged Cases,clarifies the boundary between the object of fact determination and the object of law application,studies the application of law in detail,avoids the habitual perspective of "prevention of misjudged cases" and achieves the purpose of being honest and clean.This dissertation is based on a comprehensive understanding of criminal errors and takes the reform of judicial responsibility system as the breakthrough point.Reexamines the way and method of restraining criminal misjudged cases in the original of Criminal Misjudged Cases.This dissertation also puts forward reform suggestions from three aspects: the promotion of the legal security zone,the reform of the trial centered litigation system and the improvement of the judge's professional evaluation system in order to provide reference for the judicial system reform to develop in depth.