Research Criminal Of Crime

In recent years, the media unfolded many misjudged cases, such as the "Zhao Zuohai case " of Henan Province, "the high expense of passing the road" and so on. Although the misjudged cases really do harm to the dignity of the national law and the authority of the justice, it is undeniable that the existance of the misjudged cases is an objective reality. We can not eliminate the wrong cases which are objectively existed. However, we could try our best to avoid the occurrence of the wrong cases which happen because of subjective mistakes. This paper is titled with the research of the criminal misjudged cases, and discussed the problem in four aspects. The first part is an overview of the criminal misjudged cases. In this part, we analysis the reasons why the wrong cases happen and classify the cases inland according to the theories. And give a conclusion of the author's opinion about the criminal misjudged cases.The second part is about the basic knowledge of identifing the cases and the realisation of the necessity. The article discussed the hazard of the criminal misjudged cases from four aspects: the victims, the society, the judiciary, and the laws. And hold the opinion that we should treat the Right of appeal, restricting of the rights, the protection of human rights as the basic theory of the identifing of the criminal wrong cases. The main content of the third part is about the standard of the identifing the criminal misjudged cases. In this chapter, the writer designed the standards and hold the opinion that there are two standards in identifing the misjudged cases in our country. The first is the identified errors of the facts. It concludes the error of conviction and the error of measuring the crime. Second is the applicable law errors which consist of the errors of applicable substantive law, and the applicable procedural law.After defined the standard of the Identifing the wrong cases. The article analysed the standards, the accountability system and the compensation system in details. The writer put the standard proposed above as the basis, pointed out the situation which does not belong to the misjudged cases in this part. The main idea of the forth part is the identification of the criminal misjudged cases in our country. In the article, the identification of the wrong cases should conclude a system and a program. The system is the system of discover the wrong cases. It is pointed out that the system which can help us discover the wrong cases is the appeal system. A program is the specific procedures of identifing the misjudged cases. The paper definite that the program of identifing the wrong cases is the Procedure for Trial Supervision. And then, analyzed the problems existed in the progress of the Procedure for Trial Supervision. The writer researched the problem of how to improve the Procedure for Trial Supervision in our country with the subject, the way, the proof, and the result of the idenitification of the wrong cases as the main content.