Our Cause And Prevention Of Misjudged Criminal Law Analysis Of The Understanding

Criminal misjudged-case is inevitable in any country of the world, regardless of level of human rights protection and the perfection of law system.However, the incidence and the amount of rectification of the criminal misjudged-case are quite different in different country, though there are criminal misjudged cases in western developed countries, the rate of misjudging in capital case almost equal zero, as their basic criminal concept is "presumption of innocence". In a sense, the criminal misjudged case goes along with all the judicial system and has an certain inevitability, because it is so difficult to find all the truth of the matter occurred in the criminal case.In our country, the causes of the criminal misjudged-case are intricate, and the consequences and influences are often very serious. We can decrease the amount of the criminal misjudged-case as possible as we could on the base of the perfecting the law system, even though it is evitable. Based on the definition and classification of criminal misjudged-case in the current context, the article emphatically analyzes the theoretical causes of criminal misjudged-case, and then, has a discuss on the prevention-mechanism and relief-mechanism on the criminal misjudged-case in our country.