Research On Prevention And Treatment Of Misjudged Criminal Cases From The Perspective Of New Rhetoric

New rhetoric in the West originated in the mid-20 th century.Since the 1960 s,new rhetoric has been involved in many fields,causing revolutionary changes.Various new trends of thought,new ideas and new criticism have emerged in endlessly.So far,western rhetoric has entered the movement of new rhetoric,permeating into all aspects of human life and constantly affecting human work and daily life.At the same time,the development of new rhetoric gradually penetrates into the way of human thinking and the way of dealing with problems,among which new rhetoric will promote the development of human understanding to a great extent.The main content of this paper is to use the theory of new rhetoric related issues to elaborate and analyze its role in Criminal Misjudged cases.Based on the analysis of data statistics,the main reasons leading to criminal miscarriage are induced,and then the new rhetoric theory is used to study how to prevent and control the occurrence of criminal miscarriage,so as to achieve judicial procedural justice and substantive justice.Therefore,paying attention to the influence of new rhetoric theory on criminal investigation and criminal trial links,guiding judicial personnel to deal with criminal cases with rhetoric thinking,and paying more attention to the new rhetoric factor in the future research and prevention of Criminal Misjudged Cases are of great significance to the legal system construction of our country.This paper is divided into three parts as follows:Part one: Criminal misjudgement and new rhetoric theory.It mainly includes three parts:the definition and sample analysis of Criminal Misjudged cases,the types of Criminal Misjudged Cases and the new rhetoric theory as a way of thinking of legal reasoning.The second part: the new rhetoric analysis of the causes of criminal misjudgement.This part elaborates how the criminal investigation and criminal trial links produce misjudged cases,and focuses on explaining the Criminal Misjudged Cases Caused by the factors such as the investigators' extorting confessions by torture and the judges' errors in rhetoric skills.The third part: the new rhetoric analysis of the prevention and control strategy of Criminal Misjudged cases.That is,the application of new rhetoric theory in Criminal Misjudged cases,which is the foothold of this paper.Using the argument structure of the new rhetoric theory,this paper makes an empirical analysis of Criminal Misjudged cases.Through a large number of data analysis,specific preventive measures are put forward,that is,theinvestigators should change their rhetorical role,improve the investigation interrogation environment,construct the rhetorical conversational interrogation mode,and introduce the lawyer's right to be present in the investigation interrogation.In the trial process,we should strengthen the judge's reasoning ability,adhere to the conviction standard of suspected crime,highlight the participation of rhetoric subjects of both prosecution and defense,and deepen the judicial concept of human rights protection for judges to avoid subjective assumptions,and use the thinking mode of new rhetoric to make fair judgments.From the perspective of new rhetoric,this paper puts forward a perfect path for our national defense to prevent and cure the occurrence of criminal misjudgement.