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A Study on the Preventive Mechanism of Misjudged Criminal Case in China

Author: YangLiYun
Tutor: ZhangShan
School: Central South University
Course: Procedural Law
Keywords: Criminal miscarriage Evidence Mandatory defense Environmental Justice Exit system
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 97
Quote: 0
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Abstract


Recurrent miscarriage like a mirror criminal , a reflection of a country at a particular time of the criminal justice state. The occurrence of miscarriage not only criminal defendant's right to life, liberty and even cause irreparable damage , more importantly, it undermines public confidence in the administration of justice , threatening the dignity and authority of the judiciary . Because of this, the work of Criminal Procedure has been placed only then criminal miscarriage prevention is extremely important position. Criminal miscarriage prevention is the current judicial practice and legal theory research departments face the common task , but also the essential requirement of socialist rule . The concept of criminal miscarriage , scholars appear to understand their very different , mainly in the physical miscarriage , said the program miscarriage that unity of subjective and objective miscarriage that forms miscarriage that said multi-standard and contextual criteria speak several different perspectives . Because different individuals recognize differences and criteria are not standardized , understanding the causes of criminal miscarriage vary widely . Summary criminal miscarriage causes, nothing more than two terms , both leading direct cause of miscarriage occurred , such as torture and violence, forensics, external improper interference , lack of scientific forensic ; also have the old concept of justice , such as the presumption of guilt , heavy physical light program , light weight protection of the rights against criminals . Criminal miscarriage prevention , the country did not form a mature mechanism . Crime prevention has been a miscarriage of scholars and practitioners of law concerns the weak areas. Currently prevent miscarriage miscarriage of justice system is mainly accountability system, however, misjudged the current accountability system run effect is unsatisfactory, recommendations for abandoned change frequently been raised . By analyzing the reasons for the formation of a criminal miscarriage seen very necessary mechanisms from criminal confrontation , illegal evidence exclusion and accountability system in the face of existing tripartite miscarriage prevention system for deep reflection . Drawing on Anglo-American national criminal miscarriage countermeasures based on our country should be the main focus on improving the evidence system , and establish a mandatory defense as the main content of the defense system, optimize and improve the criminal justice environment to live misjudgments four reconstructed exit system suited to their the status of the criminal justice miscarriage prevention mechanism.

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