A Study On The Criterion Of Judicial Mistakes

As the baseline of social justice, law realizes its function of maintaining social order by protecting rights and punishing crime." let off a bad person, nor wronged a good man " is the pursuit of the ideals of justice, but the reality is that errors is always frequently occurring.when a hard-working honest man is handcuffed on the fetters, when a brutal oppressive villain is still at large, it really makes the people doubt the justice and judicial authority. In recent years, Du Peiwu case, Zhao Zuohai case and many other wrong cases have broken our heart, which has prompted us to reflect upon our country’s judicial system and seek the reason. Before that, we need to have a clear understanding of "misjudged case", so that we can unify the criteria of it. Meanwhile, the process of definition is a course of analysis, it helps us to understand the nature of the misjudged case, so as to find a way to prevent the occurrence of wrong case.Follow this train of thought, the paper is divided into four parts. The first chapter discusses the connotation and denotation of misjudged case, from the perspective of logic, the concept of misjudged cases were analyzed to clarify the definition of misunderstanding in the past, the difference misjudged and injustice, mystery and controversy about false cases and cases of miscarriage of a comprehensive science to re-definition, misjudged is formed in the proceedings (filing of criminal cases is the standard), the facts are unclearly ascertained or the law and regulations are incorrectly applied, which influences the judgment, causes substantive and serious mistakes, then the parties are not treated fairly. Chapter two mainly talks about the reasons misjudged cases, which starts from the wrong evidence, reasoning errors and error of law applying. The third chapter discusses about the criteria of misjudged cases, we think that the criteria of misjudged cases is the legal facts rather than objective truth, because the fact in the past can not be reproduced, and excessive pursuit of objective facts will induce torture and other illegal means. The fourth chapter answers the question how to avoid misjudged cases, I will make some comments and suggestions for the miscarriage of prevention, such as protecting the right of the accused from criminal suspects, building a sound judicial system and optimize the legal environment and other aspects.