The Causes And Prevention Of Criminal Misjudged Cases

Misjudged cases not only infringe upon the legitimate rights and interests of the parties seriously,but also bring irreparable damages to them and their families.Moreover,this has challenged the authority and trashed public credibility of judicial organs as well.In recent years,the academics have always focused on the study of criminal misjudged cases and achieved abundant results.However,the current researches on misjudged cases mainly tend to analyze the causes,prevention,relief and compensation for the wrong cases,just from the whole litigation procedure.There are less studies focused on the causes of misjudged cases during the investigation stage due to evidence collection.Based on the most important evidence factors,this study tried to explore the causes and prevention of misjudged cases,from the investigation and evidence collection procedure.The investigation and evidence collection procedure is essentially a retrospective cognitive activity.To some extent,errors which affect the identification of the facts about the case inevitably occur,during the process of the evidence collection and then results in misjudged cases.In consequence,not only should we give attention to the conditions that wrong cases exist,but we also need to analyze the causes of them,then find effective measures to minimize the chance of occurrence and cut down the harm and negative impacts caused by them to a minimum,once it is occurred.Literature research were used in this essay.The author selected 30 criminal misconducted cases corrected in China as a sample and analyzed the problems as well as the causes existed in the investigation and evidence collection stage.According to the analysis the author attempted to provide specific approaches of prevention.This study is composed of these following sections.The first part is the introduction,which explained the background,research status at home and abroad,methods and significance.In the second part,the writer defined the conception of criminal misjudged cases at first,and then explained its association with investigation and evidence collection.By the introduction of the identification of criminal misjudged cases in terms of the theoretical circle as well as related laws and regulations,the essay identified the research scope,laying a foundation for the sample analysis and cases study below.The third part introduced and analyzed the 30 criminal cases selected before,organizing and summarizing the problems of investigation and evidence collection in the cases systematically.In the fourth part,causes of criminal misjudged cases was analyzed from the perspective of investigation and evidence collection.The author systematically stated various problems existed in the investigation and evidence collection stage.The fifth part probed into the preventive path of misjudged cases from the perspective of investigation and evidence collection.it is discussed from these four aspects: the concept,system,measures,and subjects of the investigation and evidence collection.Hence,it can provide suggestions for the prevention of misjudged cases during the investigation and evidence collection stag.