Taking The Huggets' Patterns As An Example To Analyze The Causes And Preventive And Control Mechanisms Of Misjudged Cases In China

In recent years, fake and false charges occurs frequently, so mass communications such as media, newspapers have covered and paid much attention to it. Meanwhile, it has also become the heated public debate. Nowadays, along with our social development by leaps and bounds in all fields, the legal construction improves continuously in our country. But unjust cases happened frequently also can reflect that it still has many problems in our judicial area, and many places are worth pondering deeply, so we need take much measures to complete it. For example, how the status of lawyers can be improved; how to play its role in the prevention of miscarriages of justice, and the relevant legislation is not detailed enough and so on.The most important cause of resulting miscarriages of justice is the behavior of torture, which disturbs the normal order of the judicial system, as well as the citizen’s personal rights also has caused great damages. The Supreme People’s Procuratorate, the Ministry of Public Security, and the Judiciary had took measures of special rectification for this behavior, regretly, the effect is not obvious. We should pay much attention to it and think deeply.This paper takes the case of HuGeJiLeTu as an example, which been based on the problems of this case and combined with the Chinese national conditions and judicial present situations, to dialysis the causes and the mechanism of prevention and control in China. At the same time, we should learn the legal loopholes and effective measures from the United States, and put forward some targeted suggestions from many aspects. We hope that it will be helpful to the reforms of our judicial system, and make up for some of the existed legal loopholes which may reduce the happening of the unjust cases, and can prevent the tragedy of HuGe Case to happen again.The first part of this article introduces several typical unjust cases in our country and the United States in recent years and thoughts triggered. The second part discusses the four main common law of the fake and false cases. The third part analyzes the main reasons one by one. The fourth part of the thesis puts forward the mechanism of prevention and control, and the perfect responses. We hope that it will be helpful to the coping mechanism of decreasing the occurrence of miscarriages of justice by this article research. We should build a harmonious, safe and stable socialist legal system society jointly!...