Research On The Remedy Of Criminal Misjudged Cases

The occurrence of criminal misjudged cases is difficult to avoid, in any society and any county. For a crime prevention and relief is the unremitting pursuit of all countries under the rule of law. When focusing on the occurrence of criminal misjudged cases, at the same time, the perfection of criminal misjudged cases relief system get the attention of almost all of people. The causes of criminal misjudged cases are diverse, and the harm of criminal misjudged cases is irreversible. The criminal misjudged cases has been a problem of our country’s criminal justice. That how to find he misjudged cases and to rectify it is a serious problem of the theory and practice. This paper is in the perspective of misjudged cases correction.In this paper, we will start from the basic theory of criminal misjudged cases, analyze the concept of criminal misjudged cases, types and influence, then generally understand the basic theory of criminal misjudged cases; In the second part, it’s analysis of the basic correcting system of criminal misjudged cases in foreign counties,then to absorb experience from the good; afterwards, analyses the condition of current criminal misjudged cases correcting system in China as well as the existing problems; in the end, in according to the current situation of practice problems, and combine with the successful foreign experience system, then give suggestions to perfect our criminal misjudged cases correcting system, including the discovery and the remedy system.The text is divided into the following four parts:In the first part, it is the introduction to the theory of basic parts, From different angles and theory we can get summary and analysis of the concept of criminal misjudged cases.Point out in this paper, the author studies on the scope of criminal misjudged cases is the misjudged cases of criminal judgments that have been legally effective, and refer in particular to the innocent people who were found guilty or misjudged cases of the death penalty. Then analyze the types and harm of the criminal misjudged cases for further research.In the second part, the author mainly analyzes the criminal misjudged cases of correcting mechanism of countries outside. The discovery of criminal misjudged cases and correcting mechanism have different characteristics In continental law system and Anglo-American law system countries.Through the introductions of national misjudged cases correct mode, the author analyze the systems and at the same time point out the reasonable composition and deficiency, then we can draw lessons from its reasonable factors so as to provide a reference for the improvement measures which will be put forward in the last part.In the third part, the author mainly analyzes our country’s legislation and operation status of criminal misjudged cases correct system. Make clear that China’s lack of standard criminal misjudged cases discovery mechanism, at the same time analyze the problems in the operation of the retrial correction program. By analyzing the retrial subject, the reasons, and the trial court, time limit and so on, the author will put forward related suggestions to improve the retrial system.In the fourth part, base on the third part of the analysis of the situation, and combine with the second part of the successful experience of extraterritorial criminal misjudged cases of correction, the author will put forward some suggestions to improve our county’s criminal misjudged cases of correction system. The author mainly from three aspects to put forward the perfect proposal, including the followings:the wrong cases discovery mechanism and misjudged cases correction system and the principle of misjudged cases correction.