The Cause Of Criminal Misjudgement And Preventive Trategies In China

With the case of Nie Shubin and Hu Ge Ji Le Tu have been found to correct the misjudged criminal cases,criminal crime has become a hot topic in China.The frequent occurrence of misjudged criminal cases,not only let the innocent people in jail,a serious violation of the legitimate rights and interests,also hinders the judicial justice,damage the judicial authority and credibility.But in our country's many criminal misjudged cases,the most aroused social concern and the biggest influence is the intentional homicide Criminal Misjudged case.Due to the subjective malignant behavior of perpetrator,and the consequences of the crime are serious,the legal penalty for intentional homicide is more serious.The occurrence of criminal crime,regardless of the parties or the judicial credibility,will cause irreparable harm,the impact on the community is particularly bad,therefore,in our country to promote the trial as the background of the center litigation system reform,to increase the study of intentional homicide misjudged the strength and depth,summarizes the causes and explore effective prevention measures to protect legitimate rights and interests of the parties to the maximum extent,safeguard judicial authority.Scholars on the concept of Criminal Misjudged Cases and define the standard has not yet formed a unified opinion,including the subjective theory,objective theory,subjective unification and illegal procedure and so on,based on comprehensive analysis on these ideas,the Criminal Misjudged Case is defined as:refers to the fact that the error due to the existence of errors or applicable law caused by the wrong defendant in the case of conviction.The causes of repeated criminal cases are complicated,even under the combined influence of various factors.Therefore,in order to ensure the accuracy of the conclusions,the criminal procedure law formally implemented by selecting ten cases in,2013 after corrected intentional homicide cases,using empirical research methods,in-depth investigation of these cases,summed up the common features,such as error correction with error correction passivity.Based on the analysis of the characteristics of the more detailed research,sort out the cause of this occurred in ten cases,including the reasons,mainly rely on the inquisition by torture conviction and judicial identification problems,such as oral confession.However,to really be able to help prevent and reduce the crime have a positive effect,with these simple light is not enough,it is concluded that ten murders in the wrong reasons based on continuing to explore,dig out the judicial personnel behind the judicial philosophy,criminal litigation mechanism is not reasonable and the judicial environment is really confused the deeper cause of the frequent occurrence of misjudged criminal cases.Finally,the study found the result based on the causes of Criminal Misjudged Case,combined with China's actual situation,from the correct judicial idea,perfecting the criminal lawsuit mechanism,optimize the judicial environment and other aspects of targeted recommendations,in order to improve the effect on preventing and reducing the incidence of misjudged criminal cases.