Study On The Prevention Of Criminal Misjudged Cases In China From The Changs Of Criminal Justice Ideas

Looking back through the history of criminal justice,we find that many of the misjudged criminal cases are caused by subjective error instead of objective factors.Among the man-made factors,the root is that the concept of traditional criminal justice is not timely updated.The renewal of the judicial ideas is the prerequisite for the reform of the judicial system.With the development of legal system in China and the ongoing revelations about criminal misjudged cases,how to explore and perfect the prevention of the criminal misjudged cases has became urgent.After carefully examining some misjudged cases,we found that the traditional ideas,the root cause,show differently in investigation,prosecution and trial.The article emphasizes the explanation of the cause of the criminal misjudged cases under the justice philosophy.We try to find out the new ideas of preventing criminal misjudged cases by focusing on the reform and renewal of judicial concept based on its necessity,urgency and realistic feasibility.The whole passage is divided into four parts.In the first part,we talk about the great influence on the judicial ideas with the exposition of criminal misjudged cases.At first,we seek to define the misjudged criminal cases scientifically by synthesizing the domestic relevant theories as well as summing up its status and characteristics by classifying 60 criminal misjudged cases which have been redressed in recent years.Next,.the author aims at getting a primary knowledge of misjudged criminal cases through the changes in modern criminal judicial rationality concepts which have been promoted by redressing the wrong cases under the nation's law construction.The second part mainly discusses the traditional criminal justice concept.This part begins with introducing the impact of Chinese traditional law culture on the traditional criminal justice and then talks about such phenomenon as severe punishment,group interests neglecting individual interests and the concept of “regard entity belittle procedure”.Next it further elaborates the features of humanism,times and stability of modern criminal justice.Through the discussion of this chapter,the author paves the way for modern criminal justice idea.The third part mainly explores the relationship between misjudged criminal cases and traditional criminal justice.The traditional criminal justice ideas show differently in different stage of litigation.Through analyzing the criminal misjudged cases,we can summarize the common direct cause and expound the great harm caused,which lay the foundation for the ideas of modern criminal justice.The fourth part mainly talks about the important role of the prevention of the idea in modern judicature misjudged criminal cases.It also discusses the modern criminal justice ideas possessed in different stages of litigation from the aspects of theory and practice and then puts forward the law suit system construction from the trial centered point of view.Through the specific cases,the author analyzes the modern criminal justice ideas that should be possessed in the evidence review,affirming facts and judicial adjudication in order to reach the aim of possessing modern justice ideas basically.