The Research Of The Miscarriage Of Injustice In The Process Of The Prosecution

In recent years, with the increasing number of miscarriages of justice exposed to the public by the media.So more and more people pay attention to the e wrong case of criminal activity. Criminal wrong case occurred a serious impact on the impartiality of the judiciary but also eroded the people’s faith in the legal. So how to prevent the miscarriage of justice is worthy of studying.According to the provisions of the Constitution and the code of criminal, the prosecution is the national specialized legal supervisory authority.The activities of the prosecution is involved in the whole process of the criminal proceedings. Because of the special nature of its litigation position, there is a "filtering" effect on the miscarriages of justice.Also,the prosecution has the authority to investigation of crimes committed by the state officials.Thus,from the perspective of criminal prosecution to prevent the miscarriages of justice has an important significance.In our current theory more academic achievements criminal wrong case study focused on the departure from the investigative procedures,it leaves a lot of space to study from the perspective of prosecution.Thus I divide the article in five parts.The first part from a theoretical point of view, the concept and recognized standards for criminal conduct misjudged a defined object of study and to determine the scope of this paper. At the same time I also distinguish the wrong case, injustice and false cases.So I can define the scope of criminal wrong case.The second part from the perspective of the prosecution, the author study the particularity of prosecution to prevent the miscarriage of justice.Firstly,the prosecution is the state organ for legal supervision.Secondly,the public prosecutors have the objective and impartial obligations in criminal.Thirdly,the prosecution take part in the whole proceedings throughout the process of the criminal suit.In addition,the prosecutors have the investigation of crimes committed by the state officials.So it plays a special importance to prevent criminal prosecution misjudged.The third part from an empirical perspective, combined with the analysis of the community of 20 criminal severely misjudged.Then we can the problems and the reasons to prevent criminal prosecution by the prosecution.The reason misjudged cases result in criminal prosecution aspects have emerged:the influence of traditional legal culture of the prosecution, prosecutors individual reasons, including law enforcement concept behind the lack of objective and impartial prosecutor obligations, subject to the psychological impact of prosecutors and prejudices of individual prosecutors low quality, improper working mechanism prosecution and litigation mechanisms, as well as the results of the external pressure on the undue influence.The miscarriages of justice is combined with multiple factors in the process of the prosecution, improving the internal professional performance evaluation system.The fourth part the author discusses the United States, Germany, Japan, the measures to prevent criminal prosecution. Drawing on foreign experience,miscarriage of justice could be avoided after taking reform measures as following:promoting the unified management of human,reforming procurators’responsibility system of dealing with cases to enhance the independence of prosecutor power.To provide a good experience for the ability to prevent the prosecution of criminal wrong case in China.The fifth part the author discusses the concept of prevention of criminal prosecution aspects of misjudged cases.To ensure that prosecutors can fulfill the objective and impartial role, improve criminal prosecution mechanism to protect the independence of prosecutors, and promote the implementation and enforcement of illegal evidence exclusion rules, and further improve the defense system, standard duty crime investigation. Furthermore prosecution irrational working mechanism also an important aspect of criminal wrong cases.So we should further improve the current working mechanism, evaluation methods and decision-making system, to supervise the implementation of the investigation, the prosecution authority, judicial supervision. It also should strengthen supervision and regulation for the prosecution to introduce people’s supervisors, make public prosecution power persisting in the sunshine.Only in this way,can we realize the important role of the prosecution in terms of prevention the miscarriage of justice.