Research Of Criminal Misjudged Case Causes And The Relief Mechanism

In recent years, Du Peiwu, She XiangLin, Zhao zuohai and others being widely disclosure and in-depth reporting, caused the attention of the public. Last year, in zhejiang province Zhang Gaoping, zhang hui an uncle rape grievance in xiaoshan WuQing and looting killing the person again hurt people’s nerves. These wrongs occur not only for personal, health and other rights and interests of citizens has caused severe damage, and torture at the same time, the judicial personnel of conscience, greatly harm the judicial authority. On January 8, 2013, xi jinping, general secretary of political science and law across the country work picturephone meeting made important instructions, required the country’s authorities to comply with the people of politics and law of public security, justice, rights and interests safeguard of new hope, efforts to promote peace in China, the rule of law, good team construction in China, trying to make the people in each can feel justice judicial cases. Then, the third plenary session of the eighteenth and explicitly proposed to further deepen the reform of the judicial system, among them, "improve the mechanism of the system, being effective preventive measures," as the focus of the reform is put forward.This article is in the context of current further deepening the reform of the judicial, through strengthen the causes and remedy mechanism of criminal justice in research, discusses building in accordance with the situation of our country criminal justice relief mechanism. This paper divided into four parts: the first part is mainly combined with theory of criminal misjudged cases academic research both at home and abroad, said to objective criteria, subjective standard and comprehensive standards are compared and analysis, further clarify the concept, and draw our country criminal justice in the applicable standards; The second part based on the judicial practice, inadequate enforcement from the prevention mechanism, discovery mechanism lag, difficulty relief program launch and lawyer missing four aspects of criminal justice in relief were summarized; the problems of The third part is on the basis of summarizing the problems, an in-depth analysis of the cause of criminal wrongs occur, clear under the current legal framework, judicial organs, the law on the law enforcement idea and law enforcement pattern of deviation and lawyers function weakening of the main reason is a frequent cause huge; The fourth part is the part draw lessons from foreign successful experience in the relief of criminal justice in, on the basis of the establishing and perfecting the discovery, correct, the responsibility, the state compensation mechanism four aspects to build a system about being big relief, finally through the establishment of such a relief system, to restore the damaged due to huge social relations and judicial authority, and further strengthening judicial protection of human rights, promote the judicial credibility.