Experience and enlightenment of China on improving prevention mechanism of wrongly-charged cases

Abstract

Wrongly-charged cases not only infringe the legitimate rights and interests of the parties, but also seriously damage the judicial credibility. This paper deeply analyzes the causes of wrongly-charged cases, which including the influence of traditional judicial concepts, the improper interference of public opinion, the use of illegal evidence, the lack of supervision and control mechanism, the deficiency of lawyer's defense function, the unscientific evaluation mechanism, and other factor. In order to ensure the realization of judicial justice and to improve the judicial credibility, and considering China’s useful experience in preventing wrongful-charged cases in recent years, we should further improve the prevention mechanism for wrongly-charged cases by speeding up the transformation of the judicial conc^;pt, insuring the independent handling of cases within the framework of the law, improving the evidence using mechanism, perfecting the supervision and control mechanism, strengthening the defense guarantee mechanism, and establishing a scientific evaluation mechanism and accountability mechanism.