Sociological Analysis On The Problem Of The Contemporary Criminal Misjudged Cases

In 2005, appearance of She Xianglin who was punished unjustly 11 years, has aroused widespread interest in entire society. This has launched to stern denouncing of misjudged cases of death penalty. We thought this case has been shocking enough, however, the similar case happened on Zhao Zuohai" in 2010, on Huugjilt in 2014, also with the "Return of the Dead" and "uncertain representation", these cases had been corrected. In the case of Huugjilt, although the case had been correct, but Huugjilt has already been executed. Continued exposure of criminal misjudged cases, leading to the misjudged case problem is no longer a simple individual case or legal problems, it becomes a social problem and it attracted the attention of the community. It aroused harsh condemnation of the death penalty wrong case. At the same time, it raised the author thinking on the right to life and misjudged cases.In the background of the rule of law construction in China, what is the characteristics of Chinese contemporary criminal misjudged cases? What effect will produce by the growing criminal misjudged cases? What is the mechanism of occurrence of criminal misjudged case? What is the base path to prevent wrong case? This is just the motivation of the master paper.The paper unifies three pieces of precedents closely, it analyzes the characteristics of criminal misjudged cases and the influence on contemporary society of our country. From the sociological perspective, this article analyzes the main cause of China’s contemporary social misjudged cases, and proposes to reduce and prevent criminal misjudged cases. This paper altogether divides into three parts, each part is mutually independent but closed related.The first part clarifies the concept of criminal misjudged cases and determine teh basic object in this paper- criminal misjudged cases. This paper selects Huugjilt case, Zhejiang Zhangshi case and She Xianglin case and with the review of these cases, this paper try to reveal the common characteristics of contemporary criminal misjudged cases in China and to analyze the influences on our country.The second part combined with the above three cases misjudged cases to explore the causes of criminal misjudged cases occur mechanism in our country. This part analyze the causes in detail from the sociological perspective, combined with the current system, the environment, the culture and other factors.This part analyze the origin, set a basis for the following paper.The third part put forward the basic six ways to prevent criminal misjudged cases, including setting up the judicial justice law values, canceling the courts "joint case" system, coordinating judicial work with the social public opinion, improving the rights and the status of the criminal suspect, completing the wrong case discovery mechanism.