The Emergence And Precaution Of Judicial Mistakes

The rule of law in modern society, almost everyone expects countries with fair and efficient administration of justice, hope lawful rights of citizens to obtain proper legal asylum, effectively restrict state power exercised according to the law, the guilty are brought to justice, while the innocent people get clarification and protection. However, justice misjudged cases are always inevitable. Justice misjudged cases are not only a national judicial disgrace, but also greatly eroded public confidence in the rule of law. To prevent the generation of justice misjudged cases should be made fully aware of effective countermeasures on the basis of their causes.In the introductory part, it describes the background and significance of judicial practice misjudged case studies. China’s legal construction is in full swing, timely defense, justice and firmly correct the wrong case to help implement the Party’s rule of law and the fair administration of justice related provisions, is conducive to the protection of the legitimate rights and interests of the masses. While the situation of the domestic and foreign research topic in detail comb. The second part from the general public, experts and national jurisdictions triple dimension of justice wrong case to inspect the judicial misjudged cases set forth in theoretical and practical aspects of different evaluation and standard definition. The third part, with the typical cases, theoretically wrong to distinguish between factual findings and legal procedures applicable errors and three judicial error misjudged case. The fourth part, on the whole judicial reasons misjudged cases generated by legal analysis. Mainly from the judicial philosophy, judicial functions, the judicial system, human knowledge is limited activity and utilitarian concept of punishment and other legal point of view to produce the reason misjudged cases. The fifth part, from the transformation of the judicial philosophy, and improve the judicial function, promote institutional innovation, standardize foreign media monitoring and prevention and other beneficial practice misjudged the angle, made a number of recommendations of Prevent Judicial stage misjudged.