| Fairness and justice have always been the initial expectation of a country for the realization of the rule of law,but even more so in criminal cases.Expecting that punishing and safeguarding criminals will not be prosecuted to innocent people.Both of them have their own different roles in repressing criminals and maintaining social stability.In particular,they also measure the public’s rule of law over the unsuspecting of innocent people However,in recent years,innocent miscarriage of justice and miscarriage of justice in the criminal field have been followed by an endless stream of people,which has further deepened the public’s mistrust of judicial justice.However,it is not hard to find that the occurrence of unjust and false miscarriage of justice has some Common features.As can be seen from the characteristics of the unjustly false cases,the investigation phase is the multiple stages of unjustly wrong cases.There are many factors of unjust and false cases,both the defects in the legal system design and litigation process,all reflect our country’s lack of prevention and treatment of unjust and false cases.Based on the publication of Opinions on the Implementation of Reform in Criminal Proceedings Centering on Trial(hereinafter referred to as "Implementation Opinions")published by the Supreme People’s Court on February 17,2017,From the angle of view to explore how to better respect the defendant’s litigation status in specific criminal proceedings and to safeguard the accused’s right to litigation so as to protect innocent people from criminal prosecution and to guilty of wrongdoing and misconduct The investigation.This article illustrates the general situation of unjustly wrong cases in China,synthesizes the common points and features embodied in unjustly wrong cases,and the harm and loss caused by unjust and false cases to social and judicial authority to reveal the deep level,It is not difficult to find that in the judicial practice,the investigators have their influence on the traditional judicial concepts,which leads to the deviation in the collection of evidence under the thinking of "re-entity,light procedure" A deviation in the supervision of the procuratorial organs in the past,so that it can not be found in the prosecution phase,and then entered the trial stage.In the trial stage,verbal confession was taken as the important trial basis for the verdict,which led to the enlargement of the aforesaid mistakes and resulted in the wrong verdict.At last,through the research on the formation of unjust and false cases,we try to establish a normative mechanism with a view to realizing the trial according to law,effectively supervising and perfecting relief measures to deal with the occurrence of unjust and false cases and making up for the existing defects. |
