Rational Analysis Of Misjudged Criminal Cases From The Perspective Of Lawsuit Cognition

Criminal misjudged cases are the hot topic which the judicial field and society people arevery concerned about.It is also a perplexing difficulty that the judicial workers think about.Atpresent, practitioners and the public do not stand at the objective comprehensive position torecognize misjudged criminal cases. Either to criticize the misjudged cases, hope in the futureto eliminate the occurrence of this phenomenon, or on our judicial system sadly sign. In orderto be able to take a rational view of misjudged criminal cases, then a rational view of ourcriminal procedure system, taking action understanding of this theory as the research method,from the suit ’s perspective to analyze the influences of misjudged criminal cases, in order tomake the public take a more sensible, calm view of misjudged criminal cases, thus trulyaware of it on error constant criticism and reflection, our criminal justice reform can beadvanced stage by stage, criminal litigation system will gradually improve.Besides introduction and conclusion, the text is divided into three parts.The first part of the paper introduces the theory of judicial cognition. The lawsuitunderstanding is the epistemology special shape, exists in the concrete lawsuit process, is toemphasize in the lawsuit domain a series of understanding activity which launches regardingthe case fact question. It is essentially the history knew, but also has is different with thehistorical understanding attribute. The lawsuit knew that must defer to the legal rule, verifiesthe case fact in certain deadline the specific content, its understanding result with people’s reallife benefit matter. The lawsuit knew the entire process needs to carry on the objectiveunderstanding to the evidence, and contains the information to the evidence to appraise. In thecriminal law domain, the lawsuit knew that by the understanding main body, theunderstanding object, the epistemic means that understanding mechanism these four essentialfactors is composed, they have close contacting with the criminal misjudged law case’sformation. The lawsuit knew, in has in the influence process to the entire criminal prosecutionflow, will know supreme exposes with non-supreme this characteristic with nothing left, thisand is exactly the criminal misjudged law case and the lawsuit understanding conjunctionspot.The second part from the lawsuit cognition that the main body, the lawsuit cognition theobject, the lawsuit epistemic means that the lawsuit knew the mechanism four aspects analyzethe lawsuit to know forms the influence to the criminal misjudged law case. Because understanding main body’s own quality, cognitive ability, the epistemic means have thelimitation, in handles a case in the process, will also receive the external environmentinevitably the influence. But the case fact itself has the complexity, the crime method presentday by day the high tech, controls debates the understanding mechanism which both sidesresist, also has brought the barrier to the main body correct understanding case fact. Inaddition, working mechanism, judicial system, legal rules and so on each kind of artificialcreation system, also has had certain influence more or less to the main body understanding,to a certain extent urges the factor which the misjudged law case forms. The criminalmisjudged law case, some no doubt is artificial and so on subjective reason creates, but alsohas some are the objective cause creates. Actually the criminal prosecution knew that activecertain unique places, initiate misjudged law case’s basic reason, causes the misjudged lawcase always with difficulty to completely prohibit in the judicial domain. Through the lawsuitunderstanding’s angle of view, the criminal misjudged law case logically has also beendivided into two kinds: One kind is because the objective factor as well as legal regime’svalue choice creates inevitable misjudged law case (inevitable criminal misjudged law case).Another kind is because artificial and so on subjective factor creates avoidable misjudged lawcase (probability criminal misjudged law case).The third part of elaboration knew in the lawsuit under the angle of view thecountermeasure choice which carries on to the criminal misjudged law case. We must theconcrete question concrete study, not be able too the extreme regarding case’s processingresult, and to the misjudged law case recognized that the question also carries to an extreme.The inevitable criminal misjudged law case’s production has inevitable, and has alsomanifested the penal procedure in-depth value, we must give the rationality to accept. Thiswill be helpful to the rights of citizens consciousness raise, reduces phenomenon which in thepractice handles a case illegally, also has the great significance to country under the rule oflaw’s construction. But aims at these, because artificial and so on subjective factor creates theprobability criminal misjudged law case, needs us to improve the understanding main bodyprofessional quality, the standard working mechanism, consummates the evidence collectionsystem, enhances the examination judgment evidence synthesizing capacity, implements andrealizes the related evidentiary rules, entrusts with controls debates bilateral equalityresistance power and so on, comes to prevent as far as possible to this kind of misjudged lawcase’s occurrences.