Research On The Causes And Prevention Countermeasures Of Criminal Misjudged Cases In China

At present,the construction of a society ruled by law in China is in the ascendant.It is a result of the establishment of a social governance system dominated by the rule of law and a diversified dispute resolution mechanism.Judicature as the last line of defense for safeguarding fairness and justice,and adhering to the general goal framework of comprehensively governing the country according to law.However,in recent years,criminal misjudges have occurred in a small number,such as the return of the deceased to the innocent "She Xianglin's wife-killing case",the resurgence of the real murder to restore the truth of the "Huge Giletu case","Zhang Gaoping,Zhang Huiqiang case" which was rehabilitated because of insufficient evidence.With the continuous fermentation of public opinion,the words "judicial injustice" and "absence of justice" are inevitably appear in people's minds.People began to question legal beliefs.The authority of the law and the credibility of the judiciary have been greatly damaged.Exploring the mechanism and prevention mechanism of criminal misjudged cases,realizing the modernization of the country's rule of law governance system and governance capacity,and building a socialist country ruled by law,the author has produced the initial motivation for writing this article.This paper is divided into three parts: asking questions,analyzing problems and solving problems.Then it is divided into five parts to study the causes and preventive measures of criminal misjudged cases.According to the meaning of the text,there are three forms of criminal misjudgment.One is to make the innocent guilty;the second is to make the misdemeanor guilty,and vice versa is the wrong case;the third is to make the guilty person go unpunished.This paper focuses on the first two forms,namely the wrong judgment based on the influence of various subjective and objective factors.In the introduction part,the author will expound the research background and research significance of the article,summarize and state the research status at home and abroad,and propose the research method of this paper.The first chapter of the thesis begins with a basic overview of the causes and countermeasures of criminal misjudged cases,introduces the basic concepts of criminal misjudged cases and the academic debates on the definition of criminal misjudged cases,and summarizes the basic manifestations of criminal misjudged cases from three angles.The current legislation and implementation status of preventing criminal misjudged cases;the second chapterof this paper mainly discusses the causes of criminal misjudged cases,which are from the internal and external judicial system,judicial concept and litigation system,and judicial practitioners.And the judicial professional community from the shallower to the deeper reasons for argumentation;the third chapter of this article examines the countermeasures against extraterritorial criminal misjudged cases,taking the two major legal systems of the civil law system and the Anglo-American legal system as the object of investigation,respectively,the United Kingdom,the United States,Germany,Japan To illustrate the experience and enlightenment used in China,the fourth chapter of this paper,in view of the possible reasons for the criminal misjudged cases mentioned above,constructs the criminal misconduct prevention system in China from the legislative and practical levels.Criminal misjudged cases cannot be eliminated from the root cause.We can only reduce the probability of occurrence so that the control can be within the range that is reasonably acceptable to the public.The limitations of human cognition cannot exhaust the objective facts,but the judicial professional subject with the sense of mission responsibility still has to maintain the attitude of reducing the facts of the case,spare no effort to explore and study,effectively curb the occurrence of criminal misjudged cases,and reduce the authenticity of the case.Various factors,this is not only important for the prevention of criminal misconduct,but also has a far-reaching impact on the rule of law in China.