Research On The Prevention Of Misjudged Cases In Criminal Trial

The occurrence of criminal misjudged cases not only cannot wash away the victim's grievances and let the real murderer go unpunished,but also can let the innocent defendants suffer injustice and put them into prison,and then bringing indelible pain to them and his family.Therefore,the domestic judiciary and Party and government organs pay more and more attention to the solution of this problem,and also have made a lot of efforts in this respect.But at present,although a series of judicial reforms have been carried out,the problem of criminal misjudged cases has not been well solved,and the factors that can easily lead to misjudged case are still active in the court.Trials,as a central element in criminal proceedings,not only can adequately review all materials that helps to find out the facts of the case,to explore the truth of the case;but also have the function of correcting the wrong case,so that can annihilate the factors of the wrong case produced in the previous stage on the court,and then to realize the relief of the right.If there is a problem in the trial system itself,which is not conducive to the realization of a fair judgment for judge,then the last line of defense of fairness and justice is bound to be destroyed,and the misjudged case will inevitably occur.Therefore,the prevention of misjudged cases must proceed from the trial stage,and then by perfecting the unreasonable trial system to safeguard the fairness and justice of the society.In recent years,the relevant departments of our country have invested unprecedented attention and efforts in the prevention of criminal misjudged cases.For criminal misjudged case,our country,in its "Decision of the Central Committee of the Communist Party of China on Some Major Issues Concerning Comprehensively Deepening the Reform",called on courts at all levels to strictly observe the bottom line of the law and continuously improve their ability to prevent the criminal misjudged case;"The Provisions on the Practical Prevention for Criminal Misjudged Cases"issued by the Political and Judiciary Commission under the Central Committee of the Communist Party of China also put forward many constructive suggestions on the prevention of criminal misjudged cases.Reflected to the criminal trial practice,what we have seen is the major achievements made by the judicial organs in preventing and correcting criminal misjudged case.However,there are still many problems.Therefore,in order to achieve justice,it is still necessary to continue to promote the research on the prevention of criminal misjudged cases at the trial stage.This paper mainly by literature analysis method,case analysis method,demonstration analysis method,comparative analysis method and so on,according to the multiple corrected misjudged cases,analyze those adverse factors which can easily lead to misjudged cases in the current criminal trial;and combined with the beneficial research of foreign systems,improve our own relevant system at the trial stage,in order to achieve the aim,to prevent the misjudged cases at the trial stage.In addition to the conclusion,the article is mainly composed of four parts.The first part is mainly to clarify the necessity of the prevention of misjudged cases at the trial stage and to elaborate the research status of misjudged criminal cases.The second part mainly elaborate the definition of misjudged criminal cases.The third part mainly analysis the causes of the criminal misjudged cases related to the trial.The main factors that easily lead to misjudged cases at the trial stage are as follows:defense opinions cannot be valued;illegal evidence cannot be easily excluded;the attendance rate of witnesses is very low;the three organs of Public Security Organs,Procuratorial Organs and People's Courts paid excessive attention on the mutual coordination;the internal assessment system of court is unreasonable;the adverse effect of confirmation bias on judge's judgment.The fourth part is mainly to improve the prevention system of criminal misjudged cases at the trial stage in china.On the basis of the present judicial situation in china and the beneficial experience of foreign countries,the author puts forward the following suggestions for the problems existing in the trial stage.First,fully protect the defense right of lawyer,mainly including:strengthen the judge's judgment reasoning system;the position and function of defense lawyer should be understood correctly in concept;take measures to promote the equal confrontation between the prosecution and defense.Second,improve the exclusionary rules of illegal evidence,mainly including:exclude the derivative evidence of illegal confession;break the closed structure of investigation and evidence obtaining at the reconnaissance phase.Third,we should improve the system of in-court witness testification.Fourth,strengthen the supervision and restriction among Public Security Organs,Procuratorial Organs and People's Courts,mainly including:strengthen the restraint of the courts over the Public Security Organs and Procuratorial Organs;optimize the design of correlation index between Public Security Organs and Procuratorial Organs;transform the functions of the Politics and Law Committee.Fifth,improve the internal assessment system of court,mainly including:reasonably set up case quality index and its weight;strengthen the assessment of judges in whether strictly followed procedures;the judgment result shall not be used as an assessment item.Sixthly,reduce the impact of confirmation bias,mainly including:establish a more transparent trial procedure;establish the system of examining judge;train judges to construct rational thinking.