On The Perfection Of The Remedy Mechanism Of Criminal Misjudged Cases In China

The existence of a criminal miscase is a historical problem,it is a problem that any government seeking rule of law can not avoid,therefore,how to improve the prevention and relief of criminal miscase from the system,avoid criminal miscases,become a pursuit of the rule of law government diligently pursue,under the guidance of the nineteen great spirit of the party,a new round of judicial reform slowly unfolds.The Central Committee of the party and the State Council attach great importance to the criminal miscase and its relief,integrating it into the scope of judicial reform.Therefore,it is necessary to carefully sort out the international criminal misjudged relief experience,on the basis of judicial practice in china,reflection on the reform path of remedy for criminal misjudged cases in China.This paper intends to start with the concept of criminal misjudged cases,by analyzing the unique attributes of criminal misjudged cases,we can find out the reasons for the plight of relief in criminal proceedings after the occurrence of criminal misjudged cases.Starting with the reasons,i try to find a solution to the difficult position.This paper is divided into four chapters.The main contents of each chapter are as follows:Chapter 1:This paper expounds the basic connotation of the criminal misjudged case and the function of the remedy mechanism of the criminal misjudged case,trying to get the property of criminal misjudged case,to differentiate its application in criminal proceedings,search for the effectiveness of the relief mechanism for criminal misjudged cases,and pave the way for the following.Chapter 2:This paper analyzes the problems existing in the remedy of criminal misjudged cases in our country.The reasons for the problems are analyzed,and the solution to the problem is found in the fourth chapter.Chapter 3:This paper expounds the advanced practices and experiences of the two major legal systems in the relief of criminal misjudged cases,in order to explore what experience,practices can be used for reference in China.Chapter 4:Analysis of how to solve the criminal misjudged remedy in criminal proceedings in China,in this chapter,in this chapter the author will combine several cases in recent years to put forward their views and suggestions.Combined with the second chapter revealing the problems,the author will focus on improving the remedy system of criminal misjudged cases from the practice of practice in China’s criminal proceedings.