On The Control Of Wrong Cases In The Examination And Arrest

Fairness and Justice is the highest value target in Modern Legal States have been pursuing, criminal justice to decide cases is the fundamental expression of this value. In recent years, the emerging phenomenon of criminal wrong case not only undermined the dignity of the law, more shaken the authority of criminal justice. So, how to build a criminal misjudged case prevention system science, the theory has become a research topic of great practical significance. The concept of criminal wrong case study paper is a logical starting point, combined with the Case of She Hubei, Yunnan Du Peiwu case, in view of the current existence of criminal wrong case analysis and research. Paper is divided into four parts. The first part of the Case of She and Du Peiwu cases were described in detail, and ask questions. The second part, an overview of the three theories and lack of mistaken cases of criminal academia, and then propose a standard criminal judgment wrong case, it is determined that criminal wrong case does not have to be based on objective or subjective fault is illegal elements, should start criminal justice program the default value objective, all departing from the kind of value target of judicial decisions, both a criminal wrong case. The third part, mainly from the traditional Chinese legal culture, the quality of criminal justice personnel, judicial procedural safeguards barrier, four outside the law enforcement environment, the review of arrest stage of the criminal causes of misjudged cases were analyzed. The fourth part, the causes for the wrong case, propose preventive measures that change the concept of criminal justice, improve the quality of criminal justice personnel, reform of the criminal proceedings and the right mechanism to deal with four aspects of criminal justice and external relations.