Analysis On Origins Of Criminalmisjudgement And Prevention Strategies In China

In the four thousand years of China civilization, the misjudged cases are like an incurable cancer which hurt law civilization grievously. Recently, there are a number of pivotal misjudged cases happened in People's Republic of China. These cases damaged China's judicial fairness. They also destroyed the good image of the judicial institutions in the brain of Chinese common people. Then how to build a reasonable and scientific "misjudged-case prevention system" is a definitely urgent study issue for us. This essay focuses on the definition, the reason and the preventing strategies of misjudged-case in China's judicial system. We also collected a lot of empirical materials and did case studies to support our conclusions.This article is divided into three important parts. The structure is as follows:Ⅰ. Introductions of the misjudged-case theories. At first, we review the basic theories refer to the misjudged-case study, including a lot of variable definitions and typologies on misjudged-case. Then we critically evaluate all these different theories and opinions. The most important problem in China now is we still don't have a unified criteria system on defining what a misjudged-case is, this problem is vital. We argue that there are two key criteria on recognizing a misjudged-case:a) misrecognize the case facts; b) and misapplying the law.Ⅱ. Interpretations of why misjudged-case occurred. If we want to prevent misjudged cases from happening, the most important job to conduct is finding the reasons. In the second part of this essay, the author deeply analysis four mainstream interpretations on why misjudged cases occurred:a) the status quo of China's evidence legislation; b) judicature mechanism; c) the environment of law enforcement; d) the education quality of judicial officials.Ⅲ. The preventing system of misjudged-case. Based on the discussions and analysis of the reason why misjudged cases can ever happened, the author developed a series of her own preventing mechanism. Firstly, we have to enhance our legislation processes, more important laws are needed to protect victims'civil rights. Secondly, improve our evidence management system. We have to make more scientific rules on taking, quoting, questioning and recognizing evidences. In the end, the author argues that an ideal preventing system should include:a) a perfect evidence management system; b) a complete judicial system; c) an independent judicial environment; d) and a lot of judicial officials with high education qualities.