| On January1,2013, the revised "criminal procedural law" began to implement,"respect and safeguard human rights, or suspected of a legally prescribed punishmentfor a crime evidence from without, the referee" principles of gradually came intoview.The Supreme Court issued "the establishment of a sound working mechanism toprevent miscarriages of justice in criminal " on November21,2013,article27theconcrete Suggestions from five aspects,trying to put the last hurdle good justice asmuch as possible to reduce miscarriages of justice, to achieve justice.In March2014,the Supreme Court justice Zhou Qiang in the " two sessions" work report: the courtslegally declared825defendants guilty.Those contains some injustice has beenvindicated.Therefore, a large exposure of injustice makes us alert, although thejudicial history of the countries and ultimately misjudged shadow,the criminalproceedings structure will inevitably lead to injustice occurred.However, if we need toseriously examine the reasons for the occurrence of these pieces of miscarriages ofjustice, so as to reduce the subsequent judicial practice injustice occurs benefit.This paper based on recent cases of injustice,with the relevant provisions of theCriminal Procedure Code and the highest content of law as the basis,focuses on theinevitability of injustice occurs, our particularity injustice occurred and how toprevent the occurrence of injustice, and finally the article also found the mechanisminjustice done some reflection.Strive for minor after three organs of power operationand case method of correction provides corresponding Suggestions, make furthercriminal justice. This paper mainly includes four chapters: The first chapter is proposed injustice issues.The first section of this papermainly studied to define the criminal injustice, injustice and studied in this paper todistinguish from other similar legal concepts.The second section mainly analyzes thefeatures of contemporary criminal grievance and value, the author through the formanalysis in recent years, in the form of a classic case, thus it is concluded that thecharacteristics of the grievance.The third section is to introduce some of the currentlaws and regulations is how to prevent miscarriage of justice occurred.The second chapter is the reason of injustice.The first section is theinevitability of injustice occurs, we use the America’s statistical tables to illustrate theUnited States also have a lot of injustice.There are the inevitable occurrence ofinjustice reasons.Second section of this article discusses the particularity of Chinesecriminal injustice occurs, due to the occurrence of injustice more, only the mainreason for this are discussed.Specifically including the construction of CriminalProcedure, the characteristics of pre-trial proceedings, the trial predicament facing,legal instrumental and powerful external pressure.The third chapter is a criminal injustice control mechanism.According to thethird chapter, the existing judicial system reform.Including updating judicialphilosophy, scientific definition of the structure of criminal proceedings, thedistribution of power of pre-trial proceedings,repositioning the role of adversarialtrial.This will make the whole process throughout the criminal proceedings conducteda dredge,from all aspects of the filing, investigation, prosecution, trial, etc.interlocking,based on the Existing judicial system,keep up with the changes of TheTimes.The final section is the rethinking of how to find the injustice.According to thecharacteristics of recent miscarriage of justice,these cases are passive,there is nospecific discovery mechanism.Mainly rely on retrial procedure to find the injusticeand the power belongs to Judicial authorities,this makes is hard to becorrected.Therefore, the author put forward some ideas on the injustice discoverymechanism. |
