A Study On The Appeal System Of Criminal Misjudged Cases

The Criminal Misjudged Case is the biggest mistake of Justice,which the reason is extremely complex and diverse.But the criminal complaint system is an important part of China’s criminal justice system,which play an important role in correcting miscarriage of justice,protecting the legitimate rights and interests of the masses.But in the judicial practice,there are still some problems in the system of criminal cases now.For example,the idea of guilty presumption of judicial staff still exists、the court"Self-correction self-examination " trial retrial system is flawed、the Inadequate Lawyer’s Participation in the stage of review of Criminal Misjudgment.The existence of these problems has also created an insurmountable obstacle to the victims of criminal cases and their families in the process of criminal complaints.In this paper,the author take the case of Zhang Moumou,Shandong Province,a typical criminal case for example,looking forward to analyzing the current problems of the current situation of criminal cases by enumerating the obstacles encountered in Zhang Moumou case in the appeal process.Through the comparison and analysis to the Criminal Relief System of misjudged cases of the civil law system and Anglo-American law system,I also expect to put forward some suggestions with a view to the improvement of China’s criminal appeal system of misjudged cases.