An Analysis Of The Causes Of Criminal Misjudged Cases In China And The Countermeasures

Misjudged criminal cases have severe impacts on human societies. They not onlyviolate the legal rights of suspects and defendants, become the factor contributes tothe social unrest, but also could seriously damage the criminal judicial justice andinfluence the judicial credibility to public. Judicial justice is the eternal theme, themission and valuable pursuit of judicial work. To make the public have confidence tonational rule-of-law and fairness and justice, we could only rebuild the judicial justicein misjudged criminal cases. In this paper, the definition of erroneous judgment incriminal justice is mentioned. By studying some miscarriage of criminal justice casestaken place in China in2013, we discuss the cause of these cases and some solutionsto find some precaution against them.There are four sections in this paper. In the first section, we study the definition oferroneous judgment in criminal justice as it’s the theoretical framework of deepanalyzing the erroneous judgment cases. The author believes that the misjudgedcriminal case is the conviction and punishment, which based on wrong evidences orunsuitable legal regulation, of an innocent person in criminal trial decided by people’scourt.Section two is the empirically analysis of misjudged criminal cases taken place inChina in2013. Through the analysis and summarization of these cases, the authordraws the common features and the similar reasons for injustice judgment of thesecases. Then the author discusses the cases in2013to rectify the injustice wronglyunlike the previous cases criminal misjudged characteristics, and this is what ourcountry at the progress of criminal justice.In section three, we analyze the causes of misjudged criminal cases. If we want toprevent the occurring of misjudged criminal case effectively,, we must make a fulldiscussion of original cause of misjudged criminal case. In judicial practice, there aremany reason cause misjudged criminal cases, In order to build a criminal misjudgedhappen prevention mechanisms,the author has analyzed the reason that the misjudgedcriminal case happens from the concept of criminal justice, the legal system design,legal resources and public opinion to make a detailed analysis.In section four, we analyze of the countermeasures of the misjudged criminalcases. It is not a simple problem of preventing misjudged criminal case. We mustconsider all factors, combined with our judicial traditions and existing criminal justicesystem to make feasible measures to effectively prevent the occurrence of criminalmisjudged. The author bases on the causes for the above analysis, research from theestablished judicial authority to implement "The principle for innocent until provedguilt" legal principles, norms of criminal evidence collection and use, as well as tostrengthen the accountability system reform misjudged and the role of defenselawyers, etc., thereby reducing criminal misjudged occurs, the full protection of civilrights.