| Justice is the life and soul of criminal justice, but in recent years, She XianglinHubei, Du Peiwu Yunnan and Zhao Zuohai Henan major criminal misjudged cases bysociety and media exposure, not only seriously damage the judicial justice, judicialcredibility judicial credibility also seriously questioned by the public. The problem ofcriminal misjudged case has been at all times and in all countries can not cure the ills,attracted the attention of legal practice and theoretical circles, but also caused a strongrepercussion among the public, therefore, discover the reasons of criminal misjudgedcases occurs, build a scientific mechanism of prevention and remedy of criminalmisjudged cases, to as much as possible to reduce the criminal misjudged caseoccurred, on the perfection of China’s criminal procedural system, realize the fairnessand justice, has important practical significance.There is no specific provisions of criminal misjudged case in our law, scholarshas been proposed many different versions in the process of the research of criminalmisjudged case problems from different point of view, mainly the “entity misjudgedcase said”,“program the misjudged case said”,“the unity of subjective and objectivemisjudged case said”,“multiple standard misjudged case said” and “context standardsaid”, the various versions have both advantages and disadvantages, on the basis ofsummarizing the various standards, the author in put forward:“the criminalmisjudged case is that the national investigation organs,judicial organ and penaltyperformance organization cognizance fact mistake, or applicable law mistake, orserious violation of legal procedure in the handling of criminal; cases and theexecution of penalty, lead to the result of case is in consistent with the objective facts,the defendant or criminal suspect in a criminal case is compulsory measure orwrongly convicted and sentenced to a punishment, serious violation his legitimaterights and interests.”According to the analysis of nature of criminal misjudged cases,whether the criminal case’s fact is wrong cognized and the application of law mistake,or a serious breach of criminal proceedings against the legitimate rights and interestsof the parties of criminal cases, are misjudged criminal cases. According to the criminal misjudged case occurrence stage of the proceedings,the error generatedcontent judicial links, whether the procedure illegal and investigators to whether havesubjective fault is different, to classification of misjudged criminal cases, in order tobetter targeted measures to prevent wrong case. The harm of criminal misjudged caseis multifaceted, not only to the innocent and his family physically and mentallycaused great damage, but also seriously damaged the judicial authority socialcredibility, affect social harmony and stability, waste of judicial resources, bring theenormous negative influence to the society.Reasons of misjudged criminal cases occur are complex and diverse, evenbecause of coordinately functioning of many factors. The negative influence ofChinese traditional legal culture of law enforcement concept, criminal litigationmechanism has many loopholes and defects, negative external intervention lead theaction of environment deterioration, judicial staff the judicial concept error and lowservice quality,the defense lawyer defense ineffective, are the main factors leading tothe formation of the criminal misjudged case, the interaction of these factors, seriousdamage to the ability of the judicial organs to correct and prevent wrong case.Britain and the United States have constructed the effective crime preventionand control mechanism, its successful experience is worth learning and using forreference in our country, gives the criminal, give the suspect the right of silence,implementation of synchronized audio and video recording, DNA technologywidespread application, the interrogation process discovery mechanism of themisjudged cases are effective measures for prevention and control in our country isworth learning mechanism of misjudged cases, in addition, according to the situationof criminal justice of our country, for the prevention and control of misjudged casesmechanism construction, from the correct concept of criminal justice, establish aneffective system guarantee, strengthen the defense lawyers to defend the rights of thecriminal procedure, criminal litigation environment optimization, improve the qualityand ability of the judiciary and so on several aspects, to strengthen the systemconstruction, to the maximum to avoid the occurrence of criminal misjudged cases,make the innocent right and interests form undue infringement. When misjudged cases have occurred, the innocent has been subjected tocriminal punishment should not bear, suffered a lot physically and mentally, justcorrect the wrong judgment, is far from enough to provide relief to victims, the mosteffective to them, to make them return to society, to regain the confidence of life, tolive a normal life is more important. The study of criminal misjudged cases, focusedon the wrong case prevention in our country, the misjudged cases occurred after therelief measures has not been given enough attention, resulting in poverty relief. If ourcountry can be in the form of legislation to build effective misjudged case discoverymechanism, reform the criminal misjudged case compensation system, reconstructionof the liability of misjudged case system, will effectively reduce and prevent thehappening of criminal misjudged case. |
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