Research On The Cause Of Misjudged Criminal Cases

Misjudged criminal cases is a special phenomenon in the development process of justice. We can see it at all times and in all countries. In the course of our country's judic ial practice, different times also appeared some mis judged cases and cause different kind of discussion. In recent years, as the judicial reform steadily intens ified, a number of mis judged cases have been corrected, Once again arouse people's attention on this problem.Justice is the last defense line of social equity, did any problems exist in judic ial practice? how can we take pains to minimize misjudged case? Faced with already emerged mistakes, which experience and lessons can we get from it? This paper is based on Nianbin case which has been paid most attention since the implementation of the new criminal procedure law, we ask and analys is the reason of this case. At the same time, comparative analysis the forming process of different period's typical misjudged cases.On the surface, the reasons of misjudged cases are perplexing. Different case show different characteristics. Both subjective reason and technical conditions objective reason. Sometimes it's even the result of comprehensive factors. But we act criminal law's amendment as the main line, connecting and comparing different period's misjudged cases, as a result we find that the individual mis judged case is not isolated, they have some similarities even common reasons. This essay through typical case analys is, try to discovery and deconstruction deep-seated causes of misjudged case, and do some useful discussion.