A Study On Legal Problems Of Misjudged Criminal Cases

Misjudged criminal cases have become a topic which attracts extensive attention for a long time. Its catastrophic nature on clients and their families, striking nature on laws and judicial organs and negativity on judicial officials and law enforcement officials infringe the credibility and authority of judicature. However, influenced by subjective and objective conditions and factors, human tragedies caused by misjudged criminal cases in judicial practice are performed constantly. Especially now, respecting and guaranteeing human rights are not only highly emphasized by international opinions, but also enjoy popular support in China. Misjudged criminal cases exposed constantly are inopportune obviously with the current situation. Problems aroused by these are checking and testing the public’s confidence to judicature seriously. Laws need to be respected and believed. Researching misjudged criminal cases and relative legal issues has important realistic and long-term value for the effective operation of judicial system which has become the consensus in judicial theory and practice. The article is written from the typical misjudged criminal cases happened recently. Through coming up with the concept of misjudged criminal cases, summarizing the characters and categories, analyzing the universality and direct and indirect reasons, the author discussed the influences and detriments of misjudged criminal cases on clients, legal mechanism and judicial officials. Meanwhile, based on a deep discussion of the relative systems and a comprehensive analysis of the current situation of judicial practice in China, to view the misjudged criminal cases in an objective, just and reasonable way is put forward. Based on the necessity, urgency and realistic feasibility, the concrete advice and methods of the precaution of misjudged criminal cases in legislation, execution and judicature are put forward. The whole passage is divided into four parts.The first part, the current situation and characters of misjudged criminal cases in China. This part is written from the ten typical misjudged criminal cases happened in recent years. Through analyzing the characters of misjudged criminal cases specifically, the author aims at getting a primary knowledge of misjudged criminal cases.The second part, the concepts, characters and categories of misjudged criminal cases. Through the introduction of the concepts, characters and categories, the author aims at getting a deeper knowledge of misjudged criminal cases.The third part, the reason and hazard analysis of misjudged criminal cases. Through analyzing the universality, characters and classified introduction, the foundation for preventing misjudged criminal cases is laid.The fourth part, the prevention of misjudged criminal cases. From the aspects of theory and practice, the principle of preventing is put forward, the necessity, urgency and realistic feasibility is discussed and the strategies and advice of preventing are put forward concretely.