Research On The Standard Of China Wrong Case Identify Based On Cases Refereed By Retrial

In recent years,China's criminal misjudgment of the standard has been the existence of more theoretical standards,practice standards are not unified and other issues,leading to the identification of criminal cases and correct the lack of clear and effective legal protection.The introduction of scientific and definite criminal misconduct criteria is not only conducive to the unified error correction criteria,effectively prevent the judicial tide,but also conducive to enhancing the protection of criminal human rights,establish judicial authority,reflect the justice of justice.Therefore,based on the practice of criminal justice in China,this paper analyzes and analyzes the problems existing in the investigation of criminal misjudgment in China through the use of case analysis method,and draws lessons from the useful experience of foreign countries for the reunification of criminal cases suggest.This paper includes the following seven parts: The first chapter introduces the significance and background of this paper,the literature review and the specific research methods.In the second chapter,through the analysis of the definition of criminal misjudgment in our country,it is pointed out that there is a lack of legal definition in our country,and the definition of criminal misjudgment is put forward based on the legal condemnation standard.In the third chapter,on the basis of the legal origin of the existing criminal cases,this paper summarizes the ways of correcting errors in some cases of criminal error,and points out that there is a correlation between the corrective way of error correction and the standard of criminal misjudgment,and further highlights the scientific and clear the necessity of determining the standard of criminal mistakes.In the fourth chapter,through the misinterpretation of typical criminal cases,it is pointed out that there are cognitive ambiguity and cognitive difference in the process of criminal misjudgment.In the fifth chapter,through the introduction of western advanced criminal cases,the author points out the development direction of the standard of criminal misjudgment.In the six chapter,the author introduces the theory of "excluding reasonable doubt" under the premise of distinguishing the standard of criminal misjudgment and the standard of criminal innocence,and points out that the criteria for determining "reasonable excuse" and the standard of criminal misjudgment.In the conclusion part,the author once again points out the standard of the criminal misjudgment of our country,highlights the importance of making the legal recognition standard,and explains the problems in this paper.