A Study On The Prevention Mechanism Of Criminal Misjudged Cases

In recent years, with the Case of Henan Zhao Zuohai "intentional homicide", Zhejiang Xiaoshan5"robbed" case, Zhejiang Zhang "rape and murder" case and other wrong case frequently by the media exposure, public concern about criminal wrong case gradually increased, for our trust in the judicial system has been declining. Prevention of criminal wrong case, has an important significance for the maintenance of the country’s justice and the protection of individual rights and interests. By correctly identified criminal wrong case, wrong case to understand the causes, combined with China’s national conditions, aims to build an effective mechanism to prevent criminal wrong cases.In this paper, the text is divided into seven parts:The first part of the "Introduction" describes the background and significance of the topic, pointing out the importance of criminal wrong case study in the overall context of deepening judicial reform, research methods and ideas presented in this paper; the second part of the "basic theory of criminal wrong case" analyzes the "criminal connotation wrong case, the standard" academic debate and put forward their views, followed by selection of the30cases analyzed, mainly produced by induction of criminal wrong case; the third part of the "curb torture confessions "principal investigators from the establishment of a scientific and reasonable evaluation mechanism, improve the handling oversight mechanisms, advocacy to promote" soft interrogation methods "concrete measures several aspects; Part IV," the strict exclusion of illegally obtained evidence,"analyzes the reality of the plight of illegal evidence exclusion and accordingly propose appropriate measures to improve; Part V,"implement" the Conflict ’in principle’, mainly from firmly establish "the Conflict" in proper perspective and strengthen the people’s court "the Conflict" principle on how to implement the two aspects thoroughly implement "the Conflict" principle;Part VI "perfect criminal wrong case accountability mechanisms" The main constituent elements from the wrong case to improve accountability laws and regulations, clear accountability mechanisms wrong case, wrong case three innovative accountability mechanisms to improve accountability agencies concept of criminal wrong case accountability mechanisms; Part Ⅶ of the "conclusion" is a summary of the article points out that starting from the causes of criminal wrong case has important significance in many ways to build a criminal wrong case prevention mechanism.