Research On The Judicial Prevention And Control Mechanism Of Misjudged Case

In recent years, several significant judicial misjudged cases happened in the judicialpractice in our country. Such as She Xiang Ling case, Zhao Zuo Hai case, Zhang Gao Pingcase and so on. These cases caused great social impact and widespread public concern, causedserious damage to the credibility and authority of justice. One problem is worthy attention, bystatistics, these causes are very similarity, although the judicial introduced a number ofmeasures, but can not control the misjudged case from happening. This illustrates thenecessity and difficulty of prevention and control misjudged case.The paper is the results of this thinking, the framework of the article is: In the first partof this paper, analyze the controversial concept of misjudged case, summarize the severalcurrent representative view, distinguish the relationship between misjudged case, injustice andfalse case; particularly, point out the concept of misjudged case including injustice and falsecase, it includes the misjudged case caused by judiciary subjective fault and by the objectivefault. It refers to the suspect and the defendant was illegally taken coercive measures judiciary,prosecution, trial, but was eventually acquitted or judgment inappropriate case. Followedsummed up the dangers of misjudged case, which is the misjudged casesfor the necessity ofprevention, including the administration of justice, human rights and harm social stability.Finally, the current practice of a number of misconceptions, note that although the misjudgedcase can not be avoided, but in can be taken to prevent and control through targeted measures.In the second part of the paper, first point out the causes of misjudgedcase are many andvarious reasons are common. then classified these reasons from the point of view of bothinternal and external causes, specifically, external factors include improper intervention inother organs, the negative impact of public opinion, judicial and other technical limitations;internal cause is the most fundamental cause of misjudged cases, embodied in the concept andsystem of two levels, on the level of ideas, many of the current concepts behind suchcontempt for human rights, such as the presumption of guilt is the ideological root cause ofmisjudged case occurrence, on the institution and institutional level, institutional, judicialmechanisms of action are still insufficient, misjudged case relief system and misjudgmentsaccountability system is not perfect, these are all factors that cannot be ignored.By analyzing the causes misjudged case occur, we can know, due to the reasons of the misjudged case occurrence are complex, prevention and control measures must be remedy,effective, targeted. The third part of the paper firstly investigate the experiences ofoutside,select the United States and Britain as the object, analyze the characteristics of thesetwo countries and rich experience of the effect of the system, summarize the outsideexperience of the misjudged cases prevention and coercion. Recently, the central governmentintroduced a series of files presented clearly to improve the prevention, correction,accountability mechanisms of misjudged case, which point out the direction of prevention andcontrol mechanism. Combined with second part of cause analysis, form prevention andcorrection two aspects, from the level of ideas and institution and systems, propose theprevention and control measures, attention to the institutions and systems, propose theprevention and control measures; attention to the institution role in the prevention and controlsystem; pay attention to the guiding role of modern judicial philosophy of judicial practice,and establish a strong advocate of human rights protection, due process, the presumption ofinnocence and evidence concepts; must adjust the relationship between the three organs ofpublic security to safeguard the independent exercise of judicial power; improve judicialsystem;improve the quality of judicial personnel and professional ethics; pay attention to therole science and technology; establish a sound system of judicial relief and misjudgmentsaccountability system, develop scientific and rational judicial policy and build solid fortress toprevent misjudged case.