Criminal Misjudged Case Correcting Mechanism Research

In recent years, China's media have reported several major case, for example SheXiangLin or ZhaoZuoHai cases, cases, socially produced great repercussions, about criminal law the causes of the crime and criminal crime problems such as the correct in-depth discussion and research, this paper mainly discusses the perfection of our criminal crime correcting system.This paper USES mode analysis method and western countries, analyzes the advantages and disadvantages of various crime correct mode, seeking and establish an effective criminal crime correct system. The author summarized in the first part of western country criminal crime correct mode, will its summed up as three patterns i.e.:litigation relief mode, and the legislative supervision mode and folk organizations to promote the mode. Litigation relief mode is both of the accused and the defendant to legal right to equality retrial in an equal platform by both of the accused and the defendant in a case to court for retrial, which are able to correct a pattern of criminal crime. Authorities supervision mode is using the procuratorial organs and administrative organs and independent cases to court and the court review committee of the supervision of effective referee a model. In this model, the author selected the criminal cases review commission of Britain and France, Japan's system of procuratorial supervision organs for example, detail how superintend authorities the correct criminal crime. In folk organizations to promote the mode, this paper selects the United States represented the innocents plan describes its model role in correcting criminal crime. America's plan is university law school innocent professor lead students accept claim the innocent case investigation and application of innocents to aid organizations. This model independence and strong anti-jamming capability, criminal crime in correcting plays a role.In the second part, the author summarized the correct model in a crime for the trial surveillance mode, namely the supervision and court and the court effective sentence patterns. This article will this mode is divided into two parts, one is the court's internal supervision,2 it is external supervision. Internal supervision is the court system internal supervision, including:the supreme people's court on the lower court supervision, superior court of lower court judicial committee at the corresponding level and supervision of the supervision. External supervision mainly including experience-rich supervision, procuratorate supervision, the NPC's supervision, the complaint supervision, etc. This paper enumerated crime correct system in China, for example:court problems existing in the internal supervision, retrial procedure was casual mention the authority of court judgment detriment.This paper of the third part, the author tries to build China's criminal crime correcting system. First, this paper elaborates on the perfect crime, shall be investigated for system for system, prevent crime unified place to enlarge or shrink the supreme people's court on the provisions of the criminal system crime. Secondly, the author tries to establish the congress independently under British criminal case similar to review committee, the committee of National People's Congress by the National People's Congress produced, responsible, but independent examining a case of activities, exercise the unencumbered by any authority restriction, found the crime may develop independent investigation, evidence of power. Finally, the author suggest consummates our country criminal retrial system. Whatever the pattern, its final will resort to a retrial procedure to solve problems, perfect crime in correcting criminal retrial procedure is very important.