Research On The Causes Of Misjudged Criminal Cases And The Preventive Mechanism

Criminal miscarriage is a ghost difficult to dispel in criminal justice and a common problem faced by Countries under the rule of law in the world.Criminal miscarriage not only brings heavy pain to the victims and their close relatives,but also destroys the stability of society.It also seriously affects the credibility of the judiciary and brings great damage to social fairness and justice.The central and supreme judicial organs have made great efforts to prevent and correct criminal errors.They have formulated a series of normative documents and implemented many effective measures.The institutional mechanism for preventing and correcting criminal errors is gradually taking shape.But needless to say,the frequent occurrence of misjudged criminal cases in China reflects that the root causes of misjudged criminal cases have not been fully understood,the system and mechanism of preventing misjudged criminal cases need to be further improved,the task of correcting and preventing misjudged criminal cases has not been completed,and it is urgent to deepen the understanding of misjudged criminal cases,analyze the causes of misjudged criminal cases,dig deeply into the root causes of misjudged criminal cases,and construct a systematic criminal misconduct prevention mechanism.The main contents of this article include: First,the definition of Criminal Misjudged cases.The reasons of misjudged criminal cases are complex and diverse,which leads to the inconsistency of the identification of misjudged criminal cases.The criteria for the determination of Criminal Misjudged Cases include objective criteria,subjective criteria,and the theory of changing judgement by appeal.This paper believes that the criminal misjudged case should be based on the subjective standard doctrine,while taking care of the objective standard doctrine.Adhere to the principle of process error and take into account the principle of result error.To clarify thedifferences between Criminal Misjudged Cases and misjudged cases accountability system and misjudged cases relief system.Secondly,this paper uses judicial case analysis and theoretical analysis to analyze the causes of criminal misjudgement in China from the empirical and theoretical levels.Taking 30 typical Criminal Misjudged Cases as research samples,through analysis,we find that it is difficult to find,correct and prosecute criminal misjudged cases.Extorting confessions by torture is universal.Conviction by confession has become a common phenomenon.Misdemeanor convicted in suspicious cases and long detention before trial is common.The root of these phenomena lies in the lack of an effective institutional mechanism to handle cases independently,principles of presumption of innocence,suspected innocence and evidence adjudication have not yet been implemented.Investigation centerism prevails.The role of trial in correcting errors is not strong.Lawyer's right to defense has not been paid enough attention to and fully guaranteed.Finally,it puts forward the system mechanism of preventing misjudged criminal cases.In order to construct a systematic preventive mechanism against misjudged criminal cases,We should improve the mechanism of handling cases independently according to law,strictly implement the principles of presumption of innocence,judgment of evidence and the principle of absoluteness of doubtful crimes,resolutely curb extorting confessions by torture,strictly exclude illegal evidence,promote the reform of the criminal procedure system centered on trial,give full play to the checking role of trial,give full play to the substantive function of trial,and improve the judicial responsibility system,make judicial responsibility a "bullnose" to promote judicial justice,fully protect lawyers' right to defense,and pay enough attention to the value of criminal defense.