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The Causes And Prevention Of The InjusticeMisjudged

Posted on:2016-03-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y XiuFull Text:PDF
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To achieve fairness and justice is the pursuit of every rule of Law Society,In recent years, the occurrence of injustice misjudged the impact of people’s psychological bottom line.Once they have been wronged, they may lose their lives, destroy the family, then the people’s life trajectory will change.Even if the state compensation, it is often also It doesn’t help the situation.For society as a whole, misjudged will make public doubt on the impartiality of the judiciary, also damaged the judicial environment.As people’s awareness of the law, the judicial transparency requirements are increasingly high, the injustice misjudged is zero tolerance.For a long time, affected by the impact of China’s unique judicial environment, unjust cases and misjudged cases continue to occur,due to the judicial personnel’s "suspected crimes from" thinking of the impact and the quality of judicial personnel is also different, criminal proceedings in the illegal acts of obtaining evidence, the court lack independent status, lawyer’s status inequality. These factors led to the frequent occurrence of misjudged.In this paper, the fundamental reason for the misjudged by on his case analysis to prove the drawbacks and loopholes in the criminal procedure.Trying to from multiple angles inquiry have misjudged the reason and in future program avoid misjudged cases, in order to achieve better protection and respect for human rights, safeguard criminal right exercise, really establish the judicial authority and the law in the hearts of the people of credibility and work together to build a socialist society with the method of. the first part analysis of the vocative his pattern case and problem analysis, his patterns as a vocative cases summary misjudged the consensus problem,In the subjective aspect, the criminal judicial personnel are greatly influenced by the concept of presumption of guilt, and the presumption of guilt is the invisible principle to guide the practice of criminal justice;In the objective aspect, the criminal justice environment in China is very deep, and the existence of illegal evidence in criminal procedure. next summed up the Criminal misjudged causes and analysis, analysis of misjudged the background and China’s unique judicial work environment of misjudged effect from the multiple perspectives, in recent years our country misjudged prevention mechanism for the development of the situation there is extremely.The last part further expounds the feasibility of perfecting the injustice misjudged prevention mechanism,must first established principle of presumption of innocence in our country criminal justice guidance status, and improve the quality of judicial personnel, establish and perfect the judicial power operation mechanism, strengthen the illegal evidence exclusion principle, enhance the independent status of the trial court, weaken the function of local government administrative guidance, and from enhance defense lawyers in the trial of position to protect the rights of criminal suspects, so as to reduce the occurrence of misjudged.
Keywords/Search Tags:Injustice Misjudged Guilty of Doubt, Judicial Independence, Innocence Presumption
PDF Full Text Request
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