Empirical Study On The Criminal Misjudged Case

Criminal misjudged cases are those cases involving the incorrect application of lawresulted from objective facts and primary evidence mistakenly supported and giving theinnocent criminal sanctions resulted from serious violation of legal proceedings in the criminaljustice activity. All of that was due to the fault of investigators themselves in the public securityand judicial organ. Avoiding and reducing the occurrence of criminal crime as far as possible,maintaining judicial dignity of the nation and safeguard the legal rights of parties are not onlythe basic problem of criminal judicial fairness, but also the necessary guarantee of managingthe country according to law and building a harmonious society. Therefore, it is muchsignificant for the reality to study the criminal misjudged cases in depth and carefully.In addition to the introduction and conclusion, this paper was divided into three parts onthe structure. In the first part, the author expounded from several basic aspects as concept,character and classification. In the second part, the reasons, as the key point, for the formationof criminal misjudged cases are analyzed from judicial system, evidence, judicial ideas andjudicial officials themselves in order to find out the problems resulting in these cases occurredfrequently, so that the problems will be solved with purpose. In the third part, the suggestionsto prevent the criminal misjudged cases were proposed from perfecting the judicial system andthe evidence system, changing the judicial ideas, improving the judicial officials’ quality andso on.