Analysis On Origins Of Misjudged Criminal Case And Prevention Strategies In China

Continuously happened intentional homicide in our country like intentional homicide ofDu Pei Wu Yunnan， intentional homicide of Li Hua Wei Liaoning， intentional homicide ofSun Wan Gang Yunnan， intentional homicide of She Xiang Lin Hubei， intentionalhomicide of Zhao Zuo Hai Henan and exposure misjudgment with continued of these casesare caused the great query of the public.Misjudged criminal case has been one of the difficult problems to perplex the criminaljudicial theory and practice all the time. Whether Misjudged criminal case is properlycontrolled directly concerns the criminal judicial mechanism. The misjudged criminal casebrings enormous dangerous， some of it even brings the irredeemable great consequence tomankind. So how prevent and reduce misjudged criminal case is a very important problem.This text book is the logic starting point with the research category of the misjudged criminalcase， and has carried on the systematic analysis and combed the questions of responsibilitytheory， the preventing mechanism and national compensation for the misjudged criminalcase， etc. Combining our country’s criminal judicial practice， the text also reviews theexisting problem of our country from the real aspect.This article is divided into four important Parts. The structure is as follows:1. Introductions of the misjudged-case theories. At first， we review the basic theoriesrefer to the misjudged-case study， including a lot of variable definitions and typologies onmisjudged-case. Then we critically evaluate all these different theories and opinions. Themost important Problem in China now is we still don’t have a unified criteria system ondefining what a misjudged-case is， this problem is vital.2. Interpretations of why misjudged-case occurred. If we want to preventmisjudged-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 interpretationson why misjudged-cases occurred: a) the status of China’s evidence legislation; b)judicaturemechanism; c) the environment of law enforcement; d)the education quality of judicial officials.3. The preventing system of misjudged-case. Firstly，we have to enhance our legislationprocesses， more important laws are needed to protect rights. Secondly， improve ourevidence management system. We have to make more scientific rules on taking， questioningand recognizing evidences.