Prevention Of Misjudged Criminal Cases In The Trial Stage

Criminal trial is a part of awareness activities, it must be restricted with theinherent limitations of human understanding. It is likely to occur a variety of errors inmany aspects of the criminal trial, and some errors will lead to the occurrence ofmisjudged criminal cases. Therefore, misjudged criminal cases in the criminal trialcannot be completely avoided due to the current capacity of human knowledge.However, a large part of the misjudged cases in the practice of the criminal trial isfully able to avoid. Improving the relevant judicial procedures and systems, whichwill play a positive effect on the criminal miscarriage prevention. With the deepeningof the legal construction, the misjudged criminal cases become the focus of thejudicial practice and criminal theories in recent years. Focusing on misjudgedcriminal cases demonstrates the strengthening of protection consciousness for humanrights. It reveals many problems of criminal procedure system. This article takes theperspective on trial institution for preventing the misjudged criminal cases. Toanalyze the deep-seated causes of the past misjudged criminal cases, combined withthe problems in judicial practice, to discuss the trial stage of the misjudged criminalcases’ preventive measures.The first chapter is the interpretation for the basic theory of misjudged criminalcases. At present, there are quite different opinions on the definition of misjudgedcriminal cases. To clarify the definition provides a theoretical basis for the causes andprevention of misjudged criminal cases. Part of the criminal trial is a miscarriage oflegal facts and applicable law deviation errors, and it has quite social harm. Startingfrom either parties to the case and their families, or from the perspective of theconstruction of the law, misjudged criminal cases cause serious damage to the partiesand societyThe second chapter is the discussion about the investigation of evidences andhow to prevent misjudging during admitting evidence. The serious misjudgedcriminal cases show that there are some issues about the evidence investigation and admitting in the trial stage, particularly ignoring the legality of the evidence. Newlaws and judicial interpretations gradually explicit the subject, conditions, proceduresof the exclusion of, but it needs to prove whether the court at the trial stage caneffectively exclude illegally obtained evidence. Especially when the evidence is a keypiece of evidence for a conviction, whether the judge could have enough courage toexclude resolutely, which still faces challenges. In order to prevent the misjudgedcriminal cases at the trial stage, it must be resolutely exclude illegally obtainedevidence, and adhere to the "beyond a reasonable doubt" standard of proof, to form acomplete chain of evidence, obtained exclusive conclusions. Witness testimony andexpert opinion is subjective, which is the key role to correct facts of the case.Toimprove the system of expert opinion and scientific witnesses, which is an importantway to affirm the fact and to avoid the misjudged cases.The third chapter explains in detail the importance of maintaining a neutral trialfor the prevention of misjudged criminal cases. In the course of criminal proceedings,between the accusers and the accused exist the significant inequality and there is anatural link between the court and the procuratorate, which makes the defendantobviously an inferior position. Due to the special nature of the investigation stage andthe prosecution phase, the rights of the accused are often difficult to get fullyprotected. The defendants have the opportunity to defend themselves in the trial phase,but because of the concept of judicial presumption of guilt, which usually causing thedefendant to defend rights criminal inadequate. Courts should play the role as areferee between the prosecutor and the accused, however, under the dual goals ofmaintaining stability and fight against crime, in most cases, the courts and the publicsecurity organs, procuratorial organs plays together to protect society against crime,which resulting many misjudged cases occurred. Therefore, the court should return tostandard position, balance prosecution and defense forces consciously, so that thepublic prosecutor take more burden of proof. Let the trial court become the real stageof the prosecution and the defense.The fourth chapter is analyze about how to strengthen the prevention ofmisjudged cases from the judicial institution own system. First, the court should endeavor to shake off the impact of the external environment, truly exercise thejudicial power independently, and proceed to avoid the impact of administration andlocalization. Return the decision right of the case back to the trial, let the inquisitormake the adjudication. Second, build the entire criminal miscarriage of accountabilitymechanisms, so that the judges have a major responsibility in the case proceedings beheld true to develop reasonable and feasible miscarriage of accountability procedures,accountability trial judge in the case should assume strengthen the misjudgments castsupervision so that the responsibility cast mechanisms to truly implement. Make thereferee responsible. Finally, change from the concept firstly, so that to reflect in thebehavior. We must firmly establish the principles of the suspicious conflict linking toinnocent. When we face with a conflict of fighting crime and protecting human rights,put the protection of human rights on the top beyond the criminal justice, which isbasis of preventing the misjudged criminal cases.