Study On Misjudged Criminal Prevention Mechanism In China

In recent years, some significant miscarriage of media exposure, entered the public eyefrom March2014, Zhejiang,"Zhang Hui, Zhang Gaoping case" cause for concern, to Fujianprovince’s "Nian bin case" in Inner Mongolia, and then later "Huge case", the high incidenceof miscarriage, just like a scar in the justice, constantly touched a national nerve. However,criminal misjudged by caused of effects has duality: while, from negative of angle see, its notonly damage judicial authority, and reduced people on judicial organ and the personnel ofevaluation, also will lost people on legal of belief, even also will effects to social fair justiceand rule of law civilization of construction; however, from another angle for, it also forjudicial reform provides has specimens and new of opportunities. All along, the misjudgedcriminal case was an unavoidable issue in criminal justice activities, how to contain them, isan important topic in Sino-foreign joint attention.A few days ago, China’s judicial reform has been in full swing, and the pace isaccelerating, even though we are pleased to see the focus on initiatives to enhance the publiccredibility of the judiciary have been issued to prevent miscarriage system chain is also beingdeveloped, but for a repeated occurrence of miscarriage, we still cannot relax its furtherreflection and discussion. We know that prevention of miscarriage is a systems engineering,investigation, the public prosecution service and the Justice Department, the big threeagencies as important support for this project, you need to make checks on each. In the courseof proceedings, require not only cooperation and relationship interaction, more need toimplement scientific concept of criminal proceedings and judicial operation standardization,actually implementing the prevention mechanism.Firstly, baseing on the current situation of Justice in our country, from the "Nian bincase" which is a typical case, analyzing the necessity of perfecting the miscarriage preventionmechanism. Secondly, countries misjudged the situation and prevention mechanisms aredescribed from Germany’s consensus system, United States multiple miscarriage preventionmechanism, United Kingdom Board of inquiry system for analysis, get some enlightenment tothe miscarriage prevention mechanism. Finally, on China’s current situation and running mechanism of miscarriage prevention mechanism in the process, there is insufficient evidencelegality in public security organs, procuratorial Power exercising is not perfect, the right tocounsel is limited and the Court finds that the evidence is unreasonable and other issues,summarized and analyzed. To update your judicial philosophy, and to adhere to safeguardhuman rights, illegal evidence exclusion principle of procedural justice in the application ofmiscarriage prevention mechanism of basic ideas, puts miscarriage prevention mechanismproposal. Noted the need to further perfect China’s code of criminal procedure in all aspects,innovative monitoring mechanisms, such as: introduction of lawyers monitoring mechanisms,expand the people’s supervisor system, introducing "departure from case reporting system",improving judicial openness. Hoping to avoid as best as possible and reduce the incidence ofmiscarriage, the better to achieve fairness and justice.Based on the basic theories of sociology, law, jurisprudence, and specific cases of actual,refer to the latest documentation and data, analyze, through the analysis of the system both athome and abroad, using comparative analysis points out the flaw in miscarriage preventionmechanism and to make recommendations, this article a total of20,000words, divided intofive parts.First, the introduction, first of all analyses the misjudged criminal mechanism ofguarding research purpose and meaning, then research, and then briefly pointing out thearticle’s research methods and innovations.Second, through miscarriage, miscarriage prevention defines the concept and mechanismin order to read bin case raise questions as a starting point, leads to the necessity of perfectingthe misjudged criminal prevention mechanisms are discussed.Third, and abroad criminal misjudged prevention system of described and reference, toGermany, and United States, and United Kingdom for cases, briefly abroad criminalmisjudged prevention of status, summary criminal prevention mechanism of features ishuman rights protection of concept throughout which, program statutory of legislationconcept highlight, also has more mature of criminal misjudged prevention of system, thenthrough compared analysis, reference abroad of criminal misjudged prevention aspects oftheory and practice experience good of aspects, added perfect China criminal misjudgedprevention mechanism. IV, miscarriage prevention mechanism in China and defects of China’s legal and judicialinterpretation about the miscarriage prevention in areas described, analysis of the existingsystem of health, reflect on the shortcomings of miscarriage prevention mechanism in China,pointed out that mechanisms of defect in the operation.V, to perfect the mechanism of miscarriage prevention recommendations this part fromthe perspective of recommended updates for misjudged criminal judicial concept ofprevention, public security, procuratorate, Court, in practice, the three main operating flaws inproposed introduction of law supervision mechanism, expand the people’s supervisor system,introducing "departure from the case law reporting system", improving judicial openness andso on.