| With the continuous implementation of the principle of social fairness and justice, judicial departments in our country gradually the trial of the case proposed new requirements, as far as possible to avoid the emergence of miscarriages of justice, otherwise it will cause social panic and unrest, hinder the damage to social progress, human rights. Thereout, justice is mentioned new height, formulate relevant trial system, to protect human rights and people’s trust in the judicial. Moreover, our country is a rule of law society, judicial justice is conducive to the rule of law, which is conducive to circumvent the loopholes in the case. The author, for example theory, reference for nearly three years unjust, false and wrong cases live, on our existing judicial criticized, causes of misjudged criminal cases and the results and explains the, and in accordance with the information and access to put forward some constructive suggestions.The main body of this paper consists of four parts.The first part is the introduction part. The defects of our country in recent years, the increase in the number of cases of phenomenon and the judicial system in China are pointed out, and put forward misjudged case study of the causes of the great significance and research method, to carry out the next research and analysis.The second part is the empirical analysis of the discovery in China in the past three years the major part of misjudged case. Based on the basic situation of the case, summed up the common characteristics of misjudged criminal cases, but also discusses the characteristics of recent three years to correct the misjudged cases is different from the Criminal Misjudged Case, and this is our country’s criminal judicial progress.The third part is the analysis of causes of misjudged criminal cases. If you want to better prevent the occurrence of such cases, the causes of the misjudged cases should be analyzed and summarized thoroughly. The author carries on the analysis to ten cases, summarize the common features of leading causes of miscarriage occurred, and causes of the misjudged criminal cases of all aspects of the analysis.The fourth part analyzes the Countermeasures of China’s Criminal Misjudged case. According to our country’s judicial tradition and the existing criminal justice system put forward specific measures to effective prevent the occurrence of criminal crime, according to the analysis of the causes of the above cases, handling the idea, improve the judicial system, perfect the legal system construction, to avoid social influence public opinion trial four directions to avoid the occurrence of misjudged case put forward countermeasures from the correction, so as to reduce the occurrence of criminal crime, to fully protect the rights of citizens. |
