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Research On Prevention Countermeasures Of The Misjudged Criminal Cases In China

Posted on:2012-06-14Degree:MasterType:Thesis
Country:ChinaCandidate:P F YuFull Text:PDF
GTID:2166330332495187Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
At present, misjudged criminal cases relentlessly torture judicial organs shall case-solving ability and law enforcement level, increasingly drawn judicial practice and jurists highly, the history of the civilization of legal system demands that we must abandon the subjective who break, blood vengeance, heavy ruling class interests, light guarantee human rights wrong judicial philosophy. As a legal workers, this paper mainly from three aspects to our misjudged criminal cases happened is studied, and the preventive countermeasures of legal practice is expected to provide some enlightenment and legal theory.The first part. Should correctly define misjudged criminal cases. It mainly includes misjudged criminal cases definition, essence and characteristics and harm. First, the definition of misjudged criminal cases, it is to point to in litigation process, because such causes of human or case. Specifically, it is to point to investigative organs, procuratorial organs, judicial organs and penal execution organs in criminal lawsuit activity, because of evidence collection not objective, case not fully or by illegal methods to collect the testimony of witnesses, lead to the basic fact that mistake, or applicable law errors, or illegal RenQingAn and dealt with GuanXiAn, or violates the litigation procedure, etc. Are led to criminal suspects, defendants processing decide mistakes or infringe upon the lawful rights and interests of the case. Secondly, the nature of misjudged criminal cases. misjudged criminal cases occurred with the nature of particular entity must closely linked, namely the judicial personnel. misjudged criminal cases happened that simply the fact that mistake, qualitative errors and mistakes, sentencing wrong applicable law. Third, misjudged criminal cases as an objective phenomenon, like other things, its existence many features, such as the diversity of the criminal crime happened, error correction and harmfulness of criticality and lagging, etc. Fourth, misjudged criminal cases happened, it not only give far-reaching damages of the criminal suspect or defendant himself or family caused great damage to the party and the government, and dignity and the majesty of the law caused serious damage, more even shook the foundations of the harmonious society.The second part. To clear the diversity of misjudged criminal cases causes. Diversity decided the criminal crime happened complexity. First, in the field of traditional legal culture to the negative influence. Legal culture as social culture is an important part of people's lies, it deeply rooted in mind. Traditional legal culture that the interests of the ruling class in judicial practice, so that the existing in human rights and heavy light, light guilty to fight crime evidence collection and ignore the innocence of the phenomenon such as evidence extracted. "Presumption of guilt" in still popular, "presumption of innocence" haven't really established, no matter how, obtains the entity results program, but, the program just mistake, of the accuracy of the results are often hard to get ensuring. Secondly, the lack of economic benefits of misjudged criminal cases occurred. Economic basis determine superstructure, economic base about judicial workers or the judicial consciousness and judicial practices. Currently, due to the economic development of China imbalance caused some units, plus a few handling funds nervous by policemen benefit drive or work sense of responsibility, causing the misjudged criminal cases occurred frequently. Third, the criminal legislation deficiencies. The starting point of the legal system is the lawmaking, if law, its result inequality is necessarily encourage law enforcers knowing and illegal, avoid law, escape punishment, when rights cannot receive equal share, crime also will follow you. Therefore, law enforcers illegal not only should not light, and should be severely punish. Fourth, an independent judiciary exercise principle without really implemented, judicial workers can't barrier-free and objectively determine the case facts and evidence. Fifth, criminal litigation mechanism defects and deficiencies. Lawsuit mechanism defects and leads to light restriction, heavy carries authority to cooperate, make anairport non-existing, criminal suspects, defendants to incriminate himself, etc.The third part. To adopt effective measures for reason. First, strengthen socialist legal concept. Judicial workers as advanced legal culture and the civilization of legal system of important advocates and communicators, be good at to abandon feudal dross legal culture, sets up the correct judicial philosophy. Socialist idea of rule of law is the marxism theory with Chinese law practice, is the combination of the social system, with China's historical tradition, legal culture and values, conform to adapt to the interests of the people, so the idea of rule by the judicial workers a advanced law enforcement view to guide judicial practices, and standardize judicial activities, sets up the fair justice, the concept, strengthening evidence consciousness, strict laws off. Secondly, continue to further promote the reform of the judicial system. Social life is a changing dynamic process, and as the superstructure of law and legal system is a relatively stable things, its development and change of relative to the social life changes, so usually a lagging, knowing this, as legislative and judicial organs shall according to the changes of social life timely to modify and improve laws and legal system. Third, the full implementation of the judicial activities glasnost. Open is the best antiseptic, the public is to prevent and avoid the main criminal crime happened measures. Fourth, perfecting the people's assessors and the people's supervisor system. The judicial workers should constantly strengthened their own business in public while, pay attention to the public, wide monarch, good at absorbing different although the voice...
Keywords/Search Tags:misjudged criminal cases, The cause, Prevention countermeasures
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