The Causes And Countermeasures Of Criminal Misjudged And Injustice In China

The communist party of China the fourth plenary session of the 18 proposed the strategy of governing the country according to law, comprehensive construction of the rule of law government, rule of law society, the construction of the rule of law concept of China’s further thorough popular feeling. The socialist legal system with Chinese characteristics has become increasingly perfect, safeguard human rights is clearly written to criminal procedure law. The judiciary law enforcement level, to enhance people’s legal consciousness, social development and progress, the government gradually formed under the rule of law, the public awareness of the rule of law awareness, the progress that we have the courage to face the problems that exist in the judicial activities, have the ability to correct the error in the past the judicial case, therefore, over the years many errors rectified, feigned case, misjudged cases, such as Inner Mongolia vocative giller figure intentional homicide, henan, hubei SheXiangLin case zhao zuohai case, yunnan Du Peiwu case, zhang an uncle rape homicide in zhejiang, yunnan wan-gang sun case, Mr Huang,field case, hainan jiu-ming li, hunan teng, dingxi, gansu province qin-qin Chen poison killing.Vindicated the case, there are three main reasons: one is returned from the dead, 2 it is uncertain who were arrested, 3 it is through a second trial, retrial insufficient evidence to be modified to be innocent. Criminal justice in harm the judicial authority and credibility, serious infringement of the lawful rights and interests of the parties and the basic human rights. This paper, by using the method of empirical research on zhang so-and-so rape in gansu province from two aspects of entity justice and procedure as is analyzed, at the same time, in a nationwide 24 were typical case analysis comparison, it is concluded that the main reason for the huge are: torture; The books as center; Investigation centralism; Authentication institutions town government, the main material evidence of identification and to identify the error; Human rights consciousness; Guilty to push deep; Suspected crime, be given a lighter normalized; The entity, procedure. According to the points of investigation organs, procuratorial organs, judicial organ in the division of their respective functions in the litigation link, put forward the corresponding countermeasures.