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Causes and Countermeasures of Criminal Misjudged Case

Author: ZhangDaHui
Tutor: WangZhenJiang
School: Lanzhou University
Course: Legal
Keywords: criminal misjudged cases factors countermeasures
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 267
Quote: 0
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Abstract


With thousands of years many dynasties changing continuously in our country, unjust, false and erroneous cases happened frequently. But, with the social progress and the continuous evolution of human civilization, the happening of criminal misjudged cases is incompatible with modern society who has urged the rule of law. To a certain extent, reducing or eliminating the emergence of such cases is an inevitable trend and the state’s legal system and law enforcement personnel’s judicial conscience will play a crucial role.In the present situations of China’s reality, preventing the occurrence of criminal misjudged cases, or reducing the occurrence of crime to the minimum, strengthening the system construction and formulating relevant laws already is urgently needed. Meanwhile, state functionaries scrupulously abiding by laws, and strengthening the moral self-discipline is very necessary. All citizens should have the legal consciousness and activate within the legal framework.In the whole society we should promote the rule of law, have the spirit of the constitution thorough popular feeling, build a fair and just society and let the human tragedy would never happen again. In recent years, She Xianglin case, Zhao ZuoHai case, and Xu JingXiang case, more serious criminal misjudged cases appeared frequently for this society, alarming at the same time, also making people have to concern about this problem. How to strengthen the construction of legal system, how to prevent and avoid the occurrence of crime in the criminal system level, and strengthening law enforcement personnel’s judicial conscience & self-discipline become urgent. Meanwhile we should manage the country to maintain lasting social stability of the rational choice. This article through She XiangLin case, Zhao ZuoHai case, Xu JingXiang case and others’ reviewing and analyzing, from the concept of criminal misjudged cases and reasons of the occurrence, formation, responsibility, the preventive measures, the inner and outer environment improves the judicial personnel’s moral construction necessity, building an equitable legal society demands and meaning aspects of the causes and countermeasures of criminal misjudged cases.It made pellucid discussion, and emphasizes the era of carrying forward the rule of law, and the significance of the magnificent wish full of expectation.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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