Criminal Misjudged Case Causes And Countermeasures With The Restriction Of Power Angle

Justice and efficiency are working theme of this special profession—judicature, protecting fairness and justice is the career value target of this special profession. But continuously happened intentional homicide in our country,like intentional homicide of Du Pei Wu Yunnan, intentional homicide of Li Hua Wei Liaoning,intentional homicide of Sun Wan Gang Yunnan, intentional homicide of She Xiang Lin Hubei,and exposure misjudgment with continued of these cases are caused the great query of the public. Misjudged criminal can cases cause great loss to mental、property、even life safety of the victim. Maybe release of company by not guilty and some compensation by state can restore the its legitimate rights and interests,which was loosed by abusing power of judicial organ during the process, but misjudged criminal case shadow forever in the mind of innocent people. Another misjudged intentional homicide case once again aroused discussion of public to the misjudged case which happened on May2010in Henan named Zhao Zuo hai intentional homicide case. Writer think, this continuously misjudged case were inevitably connected to abusing the power of workers during the process. When judicature are dealing with the case, they have the power of filingn investigation、prosecution、trial、execution given by state. These powers should be limited by law. However, some staff of judiciary’s using the power beyond limits prescribed by law, and often result in misjudged cases by abusing of power. Therefore, effectively prevention mechanism can reduce the occurrence of criminal wrong case. In this paper, discussed the concept of the criminal wrong case, definition and hazards. Analyzed the expression of our country’s criminal wrong case and causes. By talking about prevention mechanisms and revelation of the criminal wrong case in foreign, refer the measurement to the criminal wrong case of our country. And want to attract the great attention of legislators of China for investigation, control, review of the power, as well as can improve on the legal system, Also expect prevent criminal wrong case can be practically implementation when working the judicial practice.