Comparative Study Of Miscarriages Of Justice Between China And U.S.A

In recent years,a good number of major miscarriages of justice have been exposed in our country,which drew much public attention.The high occurrence rate of miscarriages of justice is not only an obstacle to the implement of judicial justice,but also a great damage to judicial credibility,and will arouse great public concerns for the criminal justice in our country.As a worldwide problem,the miscarriages of justice exist widely in the judicial practice in every country,including the USA,which is a representative of Common Law System.Although a relative developed country in the rule of law,the USA also has quite a few miscarriages of justice in recent years.By contrast,the studies of the miscarriages of justice are relative earlier in the USA,where the experts pay much more attention to empirical analysis,and try to find the reasons of the miscarriages of justice through a large amount of statistics and then put forward precautionary measures as well as remedial measures.Based on the empirical study,a series of legislative and judicial reform were carried Oout in the USA,including promulgating The Innocence Protection Act-setting up a commission of inquiry to miscarriages of justice,giving permission to the private relief to innocent person by non-government organizations,improving the investigation procedure and laying stress oin the theoretical research on psychological bias and taking precautionary measures against it.At present the studies on miscarriages of justice still remain to be developed in China,and such basic concepts like“what misjudged case is" still need to be clarified,meanwhile,systematic and thorough studies on the contributing factors of miscarriages of justice should be made,the precautionary measures and relief of the miscarriages of justice should be further explored,and it will be beneficial for us to refer to the researching methods that are generally used in USA on miscarriages of justice and their relevant experience on judicial reform.At present the studies on miscarriages of justice still remain to be developed in China and such basic concepts like "what misjudged case is" still need to be clarified.Miscarriages of justice are misperceptions and misconducts in nature,in order to throw light on the issue,we may use the concept of error for reference to give the theoretical definition.Among all types of miscarriages of justice,misjudged cases from the narrow sense are the focus in research for the scholars of every country.Miscarriages of justice are researched earlier and more thoroughly in USA,therefore,we can use USA's empirical research method to compare the misjudged cases in China and in USA in order to look for the similarities and differences of the misjudged cases in the two countries,meanwhile,to provide data support for further analyzing the causes of the misjudged cases.Precaution against miscarriages of justice should be taken in accordance with the specific causes which have obvious character of complexity.Although China and USA has different legal systems,and the criminal justice system in China has no comparability with that in USA,the explicit causes and inner mechanism of miscarriages of justice in the two countries are similar,which lays the foundation for using USA's criminal justice system and legal reform experience for reference.Both of the above two countries have relative laws and regulations on recognition,correction,compensation and accountability of the miscarriages of justice,although there's also deficiency in the USA's criminal justice system,some of their active and specific reform experience will be beneficial for our country.