Study On The Causes And Prevention Strategies Of Wrongly And Unjustifiably Sentenced Criminal Cases In China

The occurrence of wrongly and unjustifiably sentenced cases have an immense destructive power on the maintenance of social justice and the protection of human rights.Recent years,with a number of unjust cases which shocked the whole nation has been exposed,questions about the causes and countermeasures of the criminal injustice has gradually roused extensive concern among the scope of law science;this paper tries to thoroughly analyze the issue from three aspects:the judicial system,the evidence system,the judicial practice,and it includes the following three parts.After defining the concept of falsely or wrongly sentenced cases,the first chapter enumerates and analyzes the typical cases of those unjust cases which happened in our country.The second chapter is the systematic analysis about the causes of unjust cases.In the aspect of judicial system,the issue is discussed from the point of current situation of litigation structure,the defense system and judicial supervision.In the aspect of the evidence system,the causes are explored according to the legislative loopholes that existed in the current rules of excluding the illegal evidence,displaying the evidence and attending of the witness.In the aspect of judicial practice,the causes are analyzed in combination with judicial philosophy,judicial psychology,as well as judicial personnel quality.Based on the analysis of the second part,the third chapter expounds the countermeasures of building prevention mechanism in order to prevent the falsely or wrongly sentenced cases,including strengthening the reform of judicial system,improving the rule of criminal evidence,eliminating the adverse factors in the judicial practice,and referring to the foreign experience.