A Study On The Causes Of Criminal Misjudged Cases In China's Procuratorate

In recent years,with some serious cases of serious criminal cases have been exposed,misjudged case caused widespread concern of the whole society.The occurrence of criminal misjudged cases can not only cause great harm to the personal rights and interests of the parties,but also great damage to social fairness and justice and judicial credibility.Therefore,to prevent the occurrence of misjudged criminal cases and to strengthen the belief of the public to the law is of positive significance to the judiciary.The procuratorial organ of our country is the legal supervision organ of the state,the litigation status is extremely special,not only undertakes the supervision function to the criminal procedure,At the same time,in the litigation of the division of job-related crimes investigation,arrest and prosecution,shoulder important litigation functions.Visible,the study of criminal cases will inevitably involve the prosecution link,the study of the causes of criminal cases in the prosecution link is of great theoretical and practical significance to prevent the formation of criminal misjudged cases.This article is based on the criminal justice reform in the background of the criminal justice reform in the background of the problem of frequent cases,through the selection of appropriate samples,combined with the sample of the causes of wrong case and correction of the existing problems,the main factors of the causes of the criminal case in our country,this article will be divided into three parts.The first part,from the theoretical level to the concept,definition and standard of misjudged case,criminal misjudged case,limit the object and scope of the criminal misjudged case study;Define the concept and characteristics of the criminal misjudged case in the procuratorial link,and limit its scope.Based on the special litigation status of the procuratorial organs,combined with the current judicial reform and the background of the reform of the supervision system,this paper eliminates the related problems of the procuratorial organs' duty crime investigation power,and limits the scope of the criminal misjudged cases in the litigation rights and the exercise of supervision.The second part,collect and select 26 samples of criminal misjudged case list analysis,from the empirical point of view of the impact of the prosecution of criminal cases of the formation of multiple factors.The third part,combined with the above criminal case samples,the theory and the practice of procuratorial work,from the prosecutorial independence,effective exercise of the right and supervision of litigation and the internal system and the ability of the team,further in-depth study to explore the impact of the prosecution link criminal cases of the causes and related prevention.