The Discussion Of The Prevention Mechanism Of Criminal Injustices

Abstract:In recent years, criminal injustices occur frequently. It’s not only against the legitimate interests of the parties, but also becomes a major question of the credibility of the judiciary. So exploring the prevention mechanisms of criminal injustices is very important. The paper is divided into four parts, the first part analysis the causes of criminal injustices from subjective and objective. Subjective aspect, the concept of guilt presumption influents the criminal justice personnel, and the presumption of guilt has become a invisible guiding principle in criminal justice practice. Objective aspect is the unique environment of criminal justice. In order to curb the injustices continue, and to achieve fairness and justice, the legislative and the judiciary have done multifaceted discussion. So the second part summarizes the development of preventive mechanism and the problems in practice. In2012, because of the modification of the Criminal Procedure Law, the principle of respecting and protecting the human rights becomes important, the evidence rules and the defense system as well as the criminal justice environment have been improved. But we have to say the modification still has many problems. Taking into account our current criminal justice system is not perfect, the third part briefly describes the Miranda rule, the right to silence regime, lawyers involved in the right system and the right system to sue participants in the proceedings and so on. They have been maintained over the years abroad, which are all our effective learning mechanisms. The convening of the Third Plenary Session of the eighth opens a new page for criminal justice reform. Both the reform of the management system of justice and the professional discussion of judicial officer are great significance to the prevention of injustices. The fourth part is further elaborated to improve the prevention mechanisms of injustices. We must first establish the guiding position of the presumption of innocence in our criminal justice work, and then strengthen the judicial construction workforce and the operational mechanism of judicial power.