A Disscussion Of The Causes Of China's Misjudged Criminal Cases And Their Law Relief

In recent years,the criminal misjudged cases emerged again and again to stimulate the nerve of the public,cause social public backlash.Criminal wrong not only cause a serious violation to the lawful rights and interests of the parties involved,but also greatly undermined the judicial authority and credibility."Don't waste no longitudinal" has been as the pursuit of the ultimate goal of criminal litigation,however the criminal justice as a kind of cognitive activity of retrospective,by human cognitive limitations and the influence of the complexity of the case itself,that is absolutely "no waste no longitudinal" ideal difficult to achieve.Therefore,criminal misjudged cases cannot avoid absolutely.But at the same time,the positive thing is that to implement advanced judicial ideas and system design scientific and reasonable,the litigation procedure strictly observe to prevent the happening of the wrong case has a vital role.After a crime happens,how to reduce and compensate for misjudged cases the hurt innocent people,make them return to society as soon as possible,and we are faced with the problem.The this article main body can be divided into the following four parts,of which the first part is the definition of criminal misjudged cases.Besides accurate definition for the concept of criminal misjudged cases,also attributes from conception,connotation and denotation size analysis aspects of a crime and criminal justice,the relationship of the person,this is system in-depth study the basis and premise of misjudged cases related issues.The second part is the correct 15 typical misjudged cases in recent years the sample analysis.The author attempts through to the case analysis of the basic situation and the main cause of misjudged cases,and then sums up the typical criminal misjudged cases in China and similar to the wrong cause.The third part is the analysis of the causes of criminal misjudged cases and remedy mechanism.On the one hand,this paper discusses the reason behind the misjudged cases to produce,mainly from the concept of criminal justice,performance evaluation,evidence system,a lawyer,supervision,and discusses the six aspects such as the criminal trial,in order to better put forward effective precaution countermeasure against the wrong case.Analysis of misjudged cases,on the other hand,relief present situation and reasons of weakening,the concrete from the discovery of misjudged cases in our country at present and correct way and misjudged cases compensation,its aim is to timely discover and correct more wrong case,better implementation of state compensation,maximum reduce for misjudged cases the hurt innocent people,so as to realize fairness and justice in a jurisdiction.The fourth part is the wrong case of preventive countermeasures and the improvement of the remedy mechanism and ideas.On the one hand,in view of the foregoing analysis of the genesis of misjudged cases,from the legal concept,perfecting the performance evaluation,and obey the principle of illegal evidence elimination rule and evidence referee,attaches great importance to the lawyer,regulate courts the power of the three organs and improve the lawsuit mode of trial,hope it could reduce the incidence of misjudged cases,earnestly safeguard citizens' rights and interests.Combined with China's current criminal misjudged cases,on the other hand,the present situation of the remedy mechanism weakening,at the same time,draw lessons from the successful experience of countries such as Britain and America,and then puts forward the mechanism of misjudged cases in our country to perfect the advice and direction of reform.Mainly include trying to set up an independent criminalcomplaint case review committee and private aid agencies,improve the client's complaint review procedures,work norm procuratorial organ's complaint;Add misjudged cases right inform obligation for compensation for expanding the scope of the compensation,improve the compensation calculation standard and amount,improve the system of recovery of the return to society as soon as possible and make the wrong case innocents other institutional guarantee,and broaden the misjudged cases relief channels,timely maintenance and guarantee of realizing rights.