Research On The Identification Standards And Preventive Countermeasures Of Criminal Wrongful Cases

Judicature is the last line of defense of justice,but with the exposure of major criminal cases such as the Xiang Xianglin case,Zhao Zuohai case,Nie Shubin case,and Zhang's uncle case,the public's trust in the judicial system has declined.Criminal misjudged cases not only cause irreparable damage to the freedom of life of the parties,but also infringe on the judicial justice and judicial authority of the country and will disrupte the legal beliefs and self-confidence of the society.At present,the theoretical standards for criminal misjudged cases are different,and criminal cases have occurred in practice.By studying criminal misjudged cases,it helps us to enrich the research theory of criminal misjudged cases and meets the need to prevent criminal misjudged cases in judicial practice.Therefore,this paper adopts literature research methods,comparative research methods and empirical research methods,starting from the research of criminal misjudged standards to propose countermeasures against criminal misconduct from the aspects of concept,evidence system and practice.The first part is the analysis of the criteria for criminal misjudged cases.Firstly,it analyzes the connotation of the standard of criminal misjudged cases,and examines the provisions on the criteria for identifying wrong cases in Chinese history,the theory of the criminal misjudged standards in China's theoretical circles,and the different standards including the correction of correct cases,state compensation,and accountability in practice.This article defines the criminal misjudged criteria as the public security judicial organs or staff members in the investigation,review,prosecution,trial,execution and other links have illegal behavior(including procedural violations),resulting in error Judicial of which the evidence is insufficient.Judicial errors are based on the misconduct of public security judicial personnel and the ruling errors caused by evidence problems.The second part is to analyze the characteristics of criminal misjudged cases.This part uses empirical research methods.Through the analysis of typical criminal misjudged cases,it is found that there are illegal acts of public security judicial personnel in criminal misjudged cases,including the illegal acquisition and disposal of evidence by investigators.Meanwhile,The prosecutor has not fulfilled the obligation of review,and the judge has made violations of the law and the three organs of the public security inspection system have more than enough coordination and insufficient constraints.Coincidentally,criminal misjudged cases have problemsof false evidence,insufficient integrity,and evidence of illegal scientific evidence.The third part is the exploration and experience summary of the criminal misconduct prevention practice in Britain and the United States.From the lessons of the wrong case,the United Kingdom has strengthened the prevention and control of wrong cases in advance,strengthened the legislation on prevention and control of wrong cases at the legislative level,improved the rules for the exclusion of confessions,and established a mechanism for prevention and control of wrong cases:.the Criminal Case Review Committee.The United States has formed a set of advanced error prevention mechanisms in legislation,theory,practice,etc.,and has carried out legislative practice on DNA detection technology at the legislative level.The prosecution has stopped the prosecutor's misconduct,and the trial process uses a strict evidence review and a lawyer's defense trial process.Simultaneously,it takes advantage of the participation of civil forces – the “Looking for Innocent Plan” campaign.The above practices provide valuable experience for the prevention of criminal misconduct in China.The fourth part is the perfect suggestions for the countermeasures against criminal misjudged cases.This part proposes countermeasures against criminal misconduct from the concept,evidence system and practice level to regulate the behavior of judicial staff.To prevent criminal misconduct,we must first break the traditional judicial concept,and realize the dynamic balance between punishing crime and guaranteeing human rights,between judicial justice and litigation efficiency,and between procedural justice and substantive justice.Secondly,it is necessary to set reasonable standards in the evidence system and strictly apply illegal evidence exclusion to play procedural sanctions;In the specific judicial practice,we must regulate the behavior of public security judicial personnel.The investigative organs must regulate its own behavior and improve the level of investigation.The procuratorial organs must correctly assume the functions of public prosecution and legal supervision.The judiciary must adhere to the trial as the center and let the judges judge to implement the judicial responsibility system.