On The Role Of "suspecting Crimes From Nothing" In The Prevention Of Wrong Cases

The criminal misjudged case is a wrong legal consequence due to the incorrect cognition and behavior of judicial personnel. It occurs in investigation, prosecution and trial of criminal procedure. The main reasons leading to criminal misjudged case are the presumption of guiltily, the weak procedure consciousness, “assuming disputed crime lighter” and the asymmetrical of litigation structure. And the deep reason is lack of the “in dubio pro reo” as a scientific criminal concept. However the criminal misjudged case cannot be eradicated completely and should be persecuted in advance. The “in dubio pro reo” plays an important role in precaution of criminal misjudged case, reflecting of the equilibrate different litigation values, the regulating exercise of judicial power, the protection of human rights and the innocents. However, the implementation of “ in dubio pro reo” is unsatisfactory in our judical practice. It is necessary to strengthen the role in precaution of criminal misjudged case from the ideology, the evidence, the different stages of criminal procedure and improving the corresponding system and the legal norm.