Study On The Mechanism Of Criminal Court To Prevent Injustice And Misjudged Case

A series of criminal justice in found that caused the criminal justice system "earthquake" 。Ancient have "Dou E case",this is "vocative" jiri grievance。Criminal justice in ancient times has been the ills of criminal justice,and cancer。Criminal justice as alarming as crime,huge damage to the parties and the judicial,even cause irreparable consequences。The whole judicial theory and practice in the earnest resonsideration,criminal justice and to explore the preventive mechanism of criminal justice。In this paper, the concept of criminal justice in the starting point for research,the nature of criminal justice, the causes are analyzed, and combining the criminal judicial practice in our country,the appropriate reference to advanced country under the rule of law in the aspect of prevention mechanism of criminal justice in experience,in order to build a preventive mechanism of our country criminal justice of the people’s court can be referential Suggestions are put forward。The first part mainly elaborated the concept and the essence of the criminal justice。 Starting from the concept of criminal justice in semantics,understand the concept of criminal justice in the ordinary people’s eyes 。 Through the entity misjudged cases,program misjudged cases such as different theories of criminal justice in law concept comparison,understand whether different scholars put forward different views of the concept of criminal justice。Temporarily put aside put forward the concept of criminal justice,based on the essence of criminal justice, study of criminal justice。And discusses the nature of criminal justice。The second part mainly through the method, the inspection work report about the number of criminal justice in description,analysis the characteristics of criminal justice in China and the reality of social harmfulnes。The third part from the concept of criminal justice and judicial power independently exercise their multi-angle comprehensive analysis the cause of criminal justice in our country。 Presumption of guilt mistake judicial philosophy was the cause of criminal justice in the primary roots。The judiciary solidarity within a trial,choose sided guilty evidence, etc。all because of the judiciary of the presumption of guilt in the minds of thinking。 Failed to exclude illegal evidence is the key factor of criminal wrongs,evidence to determine the processing results of the referee。 Illegal evidence have not been ruled out inevitably led to the incorrect,ruled that the evidence lead to criminal wrongs。 Jurisdiction is not independent, defense lawyer dereliction of duty behavior are the cause of criminal justice。The fourth part is the prevention system of criminal justice in comparison, in Britain, the United States, France, Japan and other countries the criminal justice in cause of error and in the practice of the prevention system of criminal justice in these countries, in the court of criminal justice in teasing out these countries share the common characteristics of prevention mechanism.The fifth part for perfecting the mechanism of the people’s court to prevent criminal wrongs。Theory is the premise of practice,from the concept of criminal justice,we should set up the modern judicial idea of presumption of innocence。 To perfect the evidence system,the implementation of the illegal evidence exclusion rule,to make the right evidence。Safeguard judicial independence, court,judge independence to creating a favorable peripheral environment。Strengthen a lawyer are beneficial form the defendant against the trial mode,is beneficial to find out the case facts, safeguard legitimate rights and interests of the defendant。The people’s court of criminal justice in the improvement of the prevention mechanism involved in all aspects of the problem,all need to improve all aspects of the supporting system。The judiciary should not only stick to the trial independence, strictly implement the law,in accordance with the trial。Also need to the whole society religion law,respect the law,the formation of consciously abide by the law,protect the good atmosphere of the rule of law,respect。...