Studies On The Relief Mechanism And Preventing Methods For Misjudged Criminal Cases

Misjudged Criminal Cases (MCC) refer to those cases that in the criminal juridical practice of investigation department, prosecutorial department, justice department and criminal punishment execution department, mistakes were caused because of the wrongly validating the basic fact, inaccuracy in applying laws or badly break the rules of legal procedure, hence the legal rights and benefit of the suspected were badly encroached as well as the just of the justice of the case damaged because of the wrong decisions or mistakes in prosecution, judge, execution or other treatment. Theoretically, there are various classifications about the misjudged criminal cases, which aim at a deeper and multi-aspect understanding of the concept. According to the judicial procedures where the MCC produced, the MCCs are divided into MCCs of fact validation and MCCs of law application. According to phase of lawsuit where MCCs appeared, the MCCs are divided into MCCs in case filing, MCCs in arresting, MCCs in Investigation, MCCs in charging, MCCs, in judgment and MCCs in Execution. According to the sequence to the accused, MCCs are divided into misjudged cases and mis-released cases. According to the legality of the procedures, MCCs are divided into the MCCs with legal procedures and MCCs without legal procedures. According to whether the MCCs having been corrected or not, MCCs are divided into absolute innocent MCCs and relative innocent MCCs.There are various proof-related problems existed in the MCCs and the hidden danger of producing MCCs lies in the rule of criminal action combined civil action, in addition, the pressure of solving a case that the criminal policemen have to face is a factor as well. The assembly line pattern that established in criminal proceeding weakens the function of its anti-MCC and the administrative tendency of judicial decision uplifts the risk of MCCs. Though the reasons of MCC are complex, they can be summarized as follows:the negative influence on judicial concept from traditional legal culture, the quality of law officers, the faults in the criminal proceeding, the laws, the improper collecting or using of proofs, interference of outside and the influence from people's will that reflected via mass media. MCCs bring great damages:they hurt the people's believing and respect for laws, damaged the social security and people's quiet life and waste of judicial resources as well.A scientific view on the producing of MCCs should base on the philosophy of dichotomy and wholeness. On one side, the MCC cause tragedies and severely harmed people's confidence on justice of laws; on the other side, they also can be used as references in the reforming of judicial system. At present, there is a shortage of preventative and correct mechanism. The academic critics and argument based on news speculation are far from enough to establish a perfect judicial system. The mechanism of finding the MCCs is urgently needed to be perfected. The relief measures of MCCs now include state compensation system and responsibility track system, which are not so satisfied in the real operation. The weak function of preventing the MCCs makes the urgently demand of criminal judicial system. The prevention of MCCs involves the each aspects of judicial system reform in China. At last, to make a fundamental change of the present MCCs and to establish a good judicial order, the reform of criminal judicial should choose the prevention and relief of MCCs as the entry point, gradually to establish the prevention mechanism in proof, to perfect the proof rules, to change the concepts of law execution, to improve the criminal proceeding mechanism and finally the judicial context will be optimize.