A Discussion On The Causes Of The Formation Of Criminal Grievance And Prevention Countermeasures

In recent years, several grievances caused extensive attention in our society; these grievances exposed many defects of the judicial system. A sort of sense, the exposed grievances provides a rare opportunity to perfect the judicial system.This paper based on the case of Zhao Zuohai, analysis the errors and problems existing in investigation, prosecution and the process. Through comparison the case of Zhao Zuohai and the case of She Xianglin, find out the common reasons, and put forward countermeasures to solve the problem. This paper is divided into four chapters. In the first part of this thesis, the issues of grievance case is put forward through the case of Zhao Zuohai, and the reflected question is torture and judicial organs conservative verdict. The second chapter fined the common reason of the grievance in the concept, system and practice through comparing with the case of Zhao Zuohai and the case of She Xianglin. The first quarter posed the reasons of thinking. For a long time, our country give a poor attention on the human rights, presumption of guilt traditional thinking and heavy entity, light procedure judicial philosophy, led to the inevitable errors. The second quarter posed the institutional reasons. Analysis the causes of the formation of grievance mainly from the principle of presumption of innocence, normalize, surveillance and separation system and the witnesses to appear in court. The third quarter posed the reason of judicial practice. It is including the judicial personnel comprehensive quality and judicial supervise deficiency. The third chapter is mainly posed the suggestion of criminal prevention. It is analyzed respectively from the concept, and puts forward proposals to judicial practice. The first quarter, sets up the correct judicial philosophy, including establishes punishing crimes and protecting human rights and both program and entity of judicial philosophy. In the second quarter, perfect the relevant system, including establishment of innocence presumption principle, establishing surveillance and separation system and improve witnesses system. The third quarter, eliminate roots in the practice. It is discussed the suggestion of perfecting supervision mechanism and improving the judicial personnel quality. The four chapter, according to the phenomenon of frequent error to further reflection.