To reduce the recurrences of misjudged criminal cases which could be avoided ,the author tries to study this situation from the perspective of single case .For the convenience of the research ,the author divided misjudged cases into:"typically misjudged cases"and"atypically misjudged cases"after making analysis of concepts and characteristics of misjudged criminal cases. Starting from the representative one of misjudged cases Du Peiwu killing other person,the author analyses main reasons which result in misjudging : firstly, policemen rely more on testimony rather than evidences, especially extorting confessions by torture; secondly, more shortages appear when collecting and examing evidences; thirdly, insufficient supervision from the prosecution departments, lack of independence for courts to make judgement and lawyers'inability to fully defend against the prosecution departments and so on .The author tries to make analysis the futher reasons. Based on analysis of reasons arising out of misjudged cases and regarding to connection of criminal justice theory and practice, this thesis brings forth profound ideas about updating our judicial philosophy, a comprehensive grasp of criminal evidence and improving capabilities of judicial personnel.
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