On The Causes Of Criminal Misjudged Cases And The Prevention Of Misjudged Cases

Since 2010,a number of wrong criminal cases have been found and corrected in judicial practice.To some extent,the correction made by the judicial organs according to law can reflect the improvement of judicial environment and the gradual improvement of fair justice in China since the reform of the rule of law,but its negative impact on judicial justice in the public psychology is more worthy of our thinking and vigilance.After all,justice is the bottom line of justice.Even in the world,the occurrence of misjudged cases is inevitable,but we still cannot ignore the subjective and objective factors that lead to the occurrence of misjudged cases in China.How to prevent the occurrence of wrong cases and how to avoid innocent people being involved in criminal cases by mistake have become the realistic goal of criminal justice reform.Take the opportunity of correcting these misjudged cases,excavate the causes of misjudged cases,constantly reflect on the problems exposed by misjudged cases,take effective measures to prevent misjudged cases,and effectively ensure that innocent people are not prosecuted for criminal responsibility.This paper takes the real case of "Fu Cunxu’s rape of young women" as the research object.According to the current relevant laws and regulations,it analyzes every link of criminal investigation,prosecution,trial and adjudication,mainly from two aspects of institutional factors and human factors.Based on the discovery of problems,combined with the relevant viewpoints and theoretical analysis of practice,this paper puts forward relevant countermeasures and suggestions: in the review stage,we should improve the system of investigation and evidence collection,standardize the behavior of investigation and evidence collection,so as to prevent the occurrence of extortion of confession by torture;in the review and prosecution stage,we should strictly grasp the standard of arrest and prosecution,so as to ensure the full play of the function of error prevention and correction of prosocetionl organs;in the trial stage,we should promote“ In order to ensure the fairness and justice of the trial,we should reform the litigation system with trial as the center.We must attach great importance to the prevention of misjudged cases,actively establish and improve the prevention and control mechanism of misjudged cases,and effectively protect the legitimate rights of citizens.