Correction Mechanism Study Of Criminal Wrong Case

Criminal wrong cases occurred on the parties and society are greatly damaged,and some wrong cases have already made the parties bear a few years or even decades in prison and mental torture,some wrong cases even brought the parties the end of life,and all the wrong cases have sent a great challenge for social justice and judicial credibility.Through Analysis the wrong cases to explore the preventive mechanisms have become the hot theory spot,however,how to correct the wrong cases has not been given sufficient attention.Thus,this paper will analyze the status of China’s criminal desire by correcting wrong case,the process of digging a criminal wrong case to correct the problem of the presence of the existing law and the cause,and then make reasonable suggestions for the reconstruction of criminal wrong case.In addition to the conclusion,the paper is divided into five parts.The first part is sort of theorists on both the issue of criminal wrong case studies,from the content point of view,research has focused on the wrong case of criminal connotation,defining standards,causes and how to establish prevention mechanisms,however,few people have taken the issue on relief misjudged;Research methods from the point of view,Study of methods varied,foreign literature analysis,comparative study,multidisciplinary analysis,empirical analysis using skillful,develop ideas for latecomers to collect empirical data and data provide a great convenience.On this basis,I believe that the current system is not complete wrong case Study of,research on criminal wrong case remedial quite scarce,so that the system difficult to improve before the trip,so I hope through this study to correct the problem of criminal wrong case,for correcting mechanism construction and improvement to make some contribution.The second part is the definition of the wrong case under the correct context of criminal connotation.First introduced in our country has formed five kinds of academic doctrine of mistaken cases of criminal standard,summarized the similarities and differences between theory and make scientific evaluation separately for each theory,and then put forward three elements constitute criminal wrong case:that erroneous findings of fact and applicable law;violation of legal procedures;violation of procedure and the fact that there is a causal relationship between the error,error identification applicable law.Through our major,typical cases of criminal wrong case analysis,we found our criminal wrong case in three forms,namely:physical and procedural justice against type double;no judicial confirmation of procedural justice against type;there are procedural justice against judicial confirmation type.The third part of this paper discusses the"criminal wrong case correct"meaning,Discrimination and other related concepts,and then explain the legal basis under the current law in three forms to correct the wrong case,in clear constituent elements of criminal wrong case,there is a form of’correct the wrong case"the meaning and legal basis after nearly 20 years I have collected through the authority of the media reported,in line with the second part of the definition of the standard 30 criminal wrong case,the basic situation misjudged(eg covered offenses occurred area,etc.)corrected time,correcting the way to rectify the situation retrial way empirical study,and describes the current situation of China’s wrong case accordingly corrected.According to the third part of the empirical findings,the fourth part of this paper summarizes the process of criminal wrong case to correct existing problems,these problems are mainly concentrated in the criminal wrong cases find it difficult,non-standard way to correct the wrong case,time-consuming to correct the wrong case,a serious violation three aspects of the personal rights of the victim.Misjudged grievance review body set up properly,the parties to provide a greater degree of difficulty of new evidence and related materials,criminal legislation is imperfect,too powerful unfettered right of investigation is important cause of many problems in the process to correct the wrong case.For this,the author conducted a study on comparative law,from the aspect of the complaint review body,by the scope of the case,corrective procedures introduced the United States,Britain and continental wrong case correction mechanism,and one of the factors that can learn to make comments.According to China’s criminal wrong case to correct the problem and its causes exist,combined with extraterritorial criminal wrong case correcting mechanism can learn from the practice,the fifth part of this article is to correct the mechanism of Criminal wrong case made several recommendations,hopes to set up a special agency to re-examine the complainant wrong case,promoting investigation procedure litigation process,the right to supervise the exercise of restraint investigation,the judicial system to optimize the environment,to achieve proper trial procedure error correction capabilities.