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Beyond A Reasonable Doubt Under The Perspective Of Criminal Misjudged Cases Cause Analysis

Posted on:2018-07-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y ShiFull Text:PDF
GTID:2336330512495411Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Criminal misjudged case is an unacceptable judicial error.Therefore,to prevent the occurrence of criminal misjudgment is an important goal of China's criminal justice,and China's criminal litigation system development and progress are reflected in the pursuit of this goal.What is the reason why criminal misjudged cases are still occurring from time to time?The criminal litigation system is challenged by the public again and again,scholars and practitioners are thinking about the reasons.The reasons for the formation of criminal misjudged cases are diverse and complex,any criminal litigation action may lead to the occurrence of misjudgment;The shortage of judicial resources in China,the flaws of the judicial system,and public opinion or other factors might be the cause of criminal misjudgment.Many criminal misjudged cases drew much attention and entered retrial,mostly beacuse of accidents.From the appearance of murderer to the clear up,some criminal cases were full of frustrations.A well functioning system might be expected so that every criminal misjudged case could be corrected generally and regularly.However,even the system exists,the case can't be avoided,but could be reduced to small probability to occur.It's possible to initial response system as soon as possible and effectively prevent the occurrence of criminal misjudgment while case goes in wrong direction.Therefore,the contingency and necessity of criminal misjudgment,largely depends on the system,a good system can improve the quality of criminal cases handling from the root causes,and effectively prevent the occurrence of criminal misjudged cases.This paper analyzes the causes of all aspects of criminal misjudgment from the point of view of the standard of criminal cases,that is,the exclusion of reasonable suspicion,and puts forward some measures to prevent the criminal misjudgment,and finally put forward some ideas on the accountability system.I hope this is helpful to the prevention of criminal misjudged cases in China.
Keywords/Search Tags:excluding reasonable suspicion, criminal misjudgment, criminal justice error, injustice, miscarriage of justice, cause, Nie Shubin's case
PDF Full Text Request
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