Research On Criminal Miscarriage Cases Prevention In China

Criminal misjudged case is a hot spot in China's current social,not only test the response capacity of judicial organs in our country,also has proposed new requirements on crime prevention in China.At present,the criminal misjudged cases had obvious passive prevention and partial,not form a complete mechanism of prevention.Therefore,the study of crime prevention mechanism shall be established as the fundamental starting point,the implementation of criminal misjudged cases to prevent and correct the organic unity.The author through literature analysis and empirical analysis found that there are serious problems in verbel evidence of certified or cross-examination,review.it is necessary from the aspects of verbel evidence,by perfecting the system of verbel evidence,and pull the establishment of whole prevention mechanism for criminal misjudged.The definition of the concept of criminal misjudged cases in the current criminal misjudged cases did not form a unified concept of cases,this article analysis from the criminal legislation origin and theoretical origin of the concept of misjudged cases at frist,and form the concept framework of criminal misjudged cases,and with this concept as a condition of collection,selected case samples of criminal misjudged cases.Through preliminary analysis of the sample cases,find that the improvement of the verbel evidence system can guarantee a crime prevention mechanism is scientific,validity and integrity.According to the 20 cases,analysis of the present situation of using verbal evidence in criminal misjudged cases,finally it is concluded that the performance of verbel evidence in criminal misjudged is the verbel evidence anomie,and analyzes the causes of verbal evidence using anomie,it is concluded that verbel evidence using anomie reasons include not only hysteresis of the Evidence of eligibility procedures,Evidence collection ability unequal,Evidence of certification process mechanization,but also include excessively focus on the efficiency of the proceedings,defective of Investigative system,in-independent of Jurisdiction.The author put forward Suggestions of,perfecting verbel evidence system to aviod criminal misjudged case.From verbel evidence collection procedures,review process,cross-examination,the improvement of the certification program four aspects,includes the transformate investigators thinking modle.their behavior and technical supervision,perfect the defense lawyer right maintenance,improving the procuratorial verbel evidence review functions,attaches the defendant confession and practice of criminal witness to testify in court system judges.ect.