Research On The Prevention Of Criminal Misjudged Cases In China

The Criminal Misjudged Case,makes people shiver.ln September 12,2016 the State Council Information Office issued a "white paper Chinese judicial protection of human rights:active prevention and correction of miscarriages of justice"From 2012 to 2015,the courts declared 3369 defendants guilty,including Zhang Hui,Zhang Gaoping case,Nian Bin case,Hugejiletu case,Chen man case,Qianrenfeng case and which we having heard it many times,of course there are many unknown cases.These cases not only brought great harm to the parties,but also to bring the family a great blow.Such a vivid case,a cold data,people have to think about how to prevent misjudged criminal cases.The harm of the Criminal Misjudged Case is huge,not only to the defendant himself,including the victim,the defendant's close relatives and the judicial authority of our country are negative.Bacon said:"a wrong judgment,there are more than ten crimes,because the crime is the water pollution,and the wrong judgment is the source of water pollution."This paper is divided into three parts.The first part is an overview of the Criminal Misjudged Cases and crime prevention.The second part of our country from the current level of the judicial system and the level of evidence to explain the reasons for the frequent occurrence of misjudged cases of criminal justice.The third part describes the construction of mechanisms to prevent Criminal Misjudged Cases.The first part is mainly about the theory and the judicial practice of Criminal Misjudged Case and the definition of Criminal Misjudged Case of misjudged prevention ideas and thinking.The second and the third part is the focus of the paper,but also the author focuses on the part.The second part mainly from the perspective of the system level and the evidence of the reasons for the frequent occurrence of Criminal Misjudged cases.On the system level,there are some cases,such as the accountability system of misjudged cases,the system of the right to silence,the restriction of the lawyer's participation system,the error correction effect of the retrial and so on.The main evidence is:evidence of violence and torture,falsification of evidence,judicial expertise of the error,the fault of the scene investigation,witnesses or victims of the identification of errors and the destruction of theevidence of loss and so on.Of course,there are factors other than evidence and human factors.The main factors other than the evidence:the distorted judicial concept,legal factors,irrational factors,the impact of the external environment.There are human factors,mainly judicial human factors.The third part mainly talks about the construction of the mechanism of preventing Criminal Misjudged cases.The main contents are changes in handling concept,protection,evidence and evidence to establish and improve the relevant system,the protection of human rights,prevent inquisition by torture,improve the system,strengthen the function of correcting the misjudged cases of retrial and standardize and strengthen the supervision of judicial activities.