A Study On The Discovery Mechanism Of Misjudged Criminal Case

In the spirit of the third Plenary Session of Eighteen Central Committee, a new round of judicial reform is approaching. The establishment of the discovery mechanism of misjudged criminal case should also be included in the scope of judicial reform. Anyway, the misjudged criminal case is inevitable in any country of the world. It is necessary to sort out the international relief experience of misjudged criminal case. Therefore, to reform and perfect the discovery mechanism of misjudged criminal case is a common task that the division of substantive justice and theoretical research are faced with. It is also the essential requirement of socialist rule of law.This paper is divided into four parts:The first part is the relevant basic theory of misjudged criminal case. There are different views about the concept of misjudged criminal case. The frequent misjudged case in China is not an accidental phenomenon, which it is a multi-level system. To classify misjudged criminal case is contribute to study on the discovery mechanism of misjudged criminal case. The second part discusses the operation of the discovery mechanism in China. Particularly, discovery mechanism of criminal misjudged cases has always been the weak link of the legal science, and the current mechanism effect works ineffective. This chapter focuses on analyzing the current mechanism in the operation. Then, the third part of this paper analyzed a comparative study of the discovery mechanism of misjudged criminal case, drawing on British and American countermeasures about misjudged criminal case. The last part of the paper focused on reform and perfects the discovery mechanism of misjudged criminal case, which Based on the basis of the judicial practice in China. We hope to try the new approach and broaden the way make the discovery of misjudged cases from accidental to inevitable.