Causes And Countermeasures Of Criminal Misjudged Cases

In recent years, the incidents about Misjudged Criminal Cases have been hitting thenewspapers frequently. For instances, the case of Zhao Zuohai in HeNan Province and ofZhang Gaoping in Hang Zhou. While the misjudged cases came up to the public, they alsoraise some questions to the judicial organs: Why does the misjudged case come up one afteranother? What are the causes? How to prevent the misjudged cases for the judicial organ?Who should be responsible for them? And how? As a matter of fact, the Misjudged CriminalCases show in different ways since the criminal judicial activities appeared wherever in Chinaor in western countries. It is caused by the particularity of criminal judicial activities, and alsotheir nature. Although the misjudged cases couldn’t be eliminated, we can restrict them in themaximal degree by consummating the relief system.As the origins of criminal judicial activities, investigative agencies are at the forefront ofthe fight against crime. During the entire criminal proceedings, the criminal investigationactivities lead to the misjudged cases and invasion of human rights for the most part.Impropriate investigation activities conceal themselves behind almost every misjudged casewhich was exposed to the public recently. After Zhang Gaoping and his nephew were foundnot guilty, all the press began to accuse the policewoman Nie Haifen, who has been in chargeof the case. Sometimes, the undertakers of the misjudged cases even choose to kill themselvesin order to get rid of the huge pressure from the society. Thus it can be seen that misjudgedcriminal cases are drawing public attention terrifically while putting a lot of pressure on thepolice officers. Therefore, it’s a key problem how to prevent misjudged cases previously andto hold accountable the undertakers afterwards.Observing from the angle of investigation activity, this paper aims to find out the reasons,accountability and precautions of misjudged criminal cases. Part one is literature review.Firstly, what is the misjudged criminal case? It is this kind of case whose legal consequencesare against the truth or the judgment because of cognition error of facts orerroneous law application by the judicial authorities. Second part is about the definition of theconnotative meanings of misjudged cases in criminal investigation. We can describe them likethis: they are the cases which came from cognition error of facts or erroneous law application,and went to incorrect results. The third, this article points out the important meaning of studying misjudged cases in investigation activities, especially from the aspects ofguaranteeing human rights, realizing the tasks of criminal proceedings and safeguarding thepublic confidence force of judicature.Chapter2discusses the forming mechanism of Criminal Misjudged Case based onInvestigation Information Theory. Based on Investigation Information Theory and combinedwith the measures of investigative organization, it analyzes the cause of Criminal MisjudgedCase in depth from the aspects of lack of information, false information, and deviation ofinformation study.Chapter3studies the responsibility investigation system during the investigation stage.Firstly, it analyzes the history and present situation of the responsibility investigation system.Secondly it introduces the inevitability of Criminal Misjudged Case under the presentinvestigation mode and the limitations of the duty of investigation subject. And finally itoffers the reasonable misjudgments accountability mechanism, that is, formulating a unifiedlaw, distinguish responsibility reasonably and instituting unified accountability agency.Chapter4discusses the prevention and control of Criminal Misjudged Case in theinvestigation stage. It is composed of three parts. The first part is about the prevention andcontrol in the concept level, that is, establishing the investigation idea of “presumption ofinnocence” and “procedural justice”. The second part includes theprevention and control of misjudged case during information collection stage, whichanalyzes the crime scene investigation, investigation and interrogation and the identificationsystem. The third part is about the prevention and control in the stage of information study. Itmainly analyzes in two aspects of improving the thinking ability of investigation personneland the external investigation environment.