The Control Of Criminal Misjudged And Injusticelegal In Ancient China

A miscarriage of justice,that is,an unwarranted charge or a miscarriage of justice.The emergence of the miscarriage of justice is accompanied by the human judicial practice,the deep-seated reason is due to the weakness of human nature,the limitations of human cognitive ability,judicial technology and so on,to avoid the generation of the unjust imprisonment,it is neither possible nor realistic.Since there is no way to absolutely avoid,efforts to limit the miscarriage of justice has become a goal in the ancient and modern judicial practice,is also the human punishment of crime,the realization of justice,the establishment of judicial authority must face important problems.Reducing the miscarriage of justice to a minimum has become a key indicator of the humanization and civilization of judicial system and judicial practice.The analysis of the preventive system of unjust imprisonment includes not only the system itself,but also the social background of the system,the political system and the moral principles and the unique cultural spirit of the people in the long-term common life.In ancient China,the discussion on how to prevent miscarriage of justice has been for generations for more than two thousand years.due to the tradition of " entity justice ",the interference of the imperial power,the autocratic judicature and the lack of human rights consciousness,the torture and imprisonment often occur,which seriously threaten the ruling foundation and social stability of the ruling class.Therefore,in order to ease the class contradiction and social contradiction,to reduce the resistance of the oppressed class,the unjust imprisonment in the past dynasties has always been put in a very important position,formed a series of typical miscarriage of justice system,throughout the litigation process throughout the process,such as joint triage system,direct litigation system,death penalty rehabilitation,trying prisoners system,Unjust Verdict and so on,these provide justice channels for the aggrieved,the high attention to major difficult cases,the prudence of life,the method and system of the officials,all reflect the efforts and wisdom of the ancient Chinese people in the prevention of imprisonment.But at the same time,due to the background of the feudal autocratic monarchy,the judicial power is not independent,the judicial officials are not professional,the trial procedures are not perfect,and the judicial technology is not advanced and so on a series of reasons,together with the official corruption," official" social reality,the system and methods of preventing miscarriage of justice in the process of development and implementation of the process did not achieve the desired effect,in the ancient Chinese judicial practice,the problem of excessive imprisonment is still a distinctive feature.In recent years,prevention and treatment of unjustly wrong cases have been put forward as the focus of the new round of judicial system reform.The occurrence of unjust and wrong cases not only seriously damaged the life and spirit of the citizens,but also brought the families of innocent and innocent people into the abyss of suffering and torture,tortured the conscience of judicial practitioners,undermined the judicial authority and affected The country's image.Therefore,the party and state leaders attach great importance to the prevention and treatment of unjustly and falsely wrong cases.This article refers to the analysis of the system of precautionary injunction in ancient China under the background of the reform of the judicial system that "advancing judgment-centered",and analyzes the characteristics of the system of precautionary injunction in ancient China,so as to analyze the current cases of unjust misconduct in China Prevent the perfection of the legal system,and provide some helpful reference...