A Study On The Criminal Misjudged Cases And Preventive Measures In China

Throughout the ages,the misjudged criminal cases are difficult to be stopped in the field of criminal procedure.Criminal misjudged cases will not only violate the criminal suspect or defendant even innocent people’s lives and property, but also can reduce national judicial credibility and damage the legal justices.In recent years, along with the development of network media, a growing number of criminal misjudged cases by exposure, caused extensive concern of the public.About the concept of misjudged criminal case,scholars have different understandings.There are several different points: the theory of hypostatic misjudgment,the theory of procedural misjudgment,the theory of subjective and objective uniformity.In law, there our is no unified standard about the cognizance of criminal misjudged cases in our country.Therefore, we should perfect the judgment standard of criminal misjudged cases as soon as possible.We should reflect on the reasons of criminal misjudged cases in the criminal judicial practice,and then We will propose the corresponding measures.On one hand we can learn from foreign mature practices,on the other hand, we should actively build conforms to China’s national conditions of misjudged cases prevention mechanism. We can establish a correct concept of justice,improve the defense system and the evidence system, improve the quality of judicial personnel, strengthen the role of the prosecution of legal supervision, improve the wrong case investigation system and other measures to reduce the occurrence of criminal misjudged case,and protect the legitimate rights and interests of citizens.