A Study Of Misjudged Cases Of Death Penalty

Death penalty is one of the oldest and severest crucifixions in the world. It has been the eternal pain in the judicial history because of the mistakes made by death penalty. At all times and in call lands, there was no exception. China has the most cases of death penalty and such cases could be seen in the newspaper ever now and then, which has greatly reduced the confidence over the justice. In 2010, the judicial case in which Zhao Zuohai was exonerated draws the attention from the public for the misjudged cases again. That caused the writer's thinking: Under the background of Chinese legal system, what are the characteristics of misjudged cases of death penalty, what the reason is and how to build the precautionary system and relief measure for misjudged cases.Through the observation of several pieces of representative precedents closely , the paper analyses five primary causes , then explains the reasons , and puts forward the concrete conceptions which solve the problem from the angle of consummate the judicial idea and innovate the criminal lawsuit system . The paper altogether divides into four major parts , and each part is mutually independent but closely related.The first part through five erroneous cases draws forth the problem from the misjudged cases of death penalty in our country. In some misjudged cases the victim turned out to be innocent while some others still got no answers even were deprived their precious lives. Different destinies reflect the injustice that results in tragic consequences, which shock people intensely and lead them to thinking about the death penalty issues.The second part expounds the common characters of death penalty in our country, which includes low schooling, severe harm of the victims, and the chanciness of correction to misjudged cases and the bad social influences result from that. Through the analysis of the characters, it contribute to the deeply understanding for the misjudged cases of death penaltyThe third part involves the causes for the misjudged cases of death penalty according to the former several concrete cases. In this part, the writer scatters into four points--- entity, procedures, judicature mechanism, judicial official, especially emphases the influence on the judicature mechanism and the misjudged cases of death penalty .The forth part put forward overall and pointed measures. This is the main point and also the purpose of the paper. First, improve the criminal substantive law and procedure law. Through the legislation improvement to overcome the defects of current criminal statute in our country, the whole law system comes to reducing the possibility of misjudged cases. That has substantives and thoroughness. Next, improve the ability of judicial officials which include legal staff and layers. Moreover, optimize the judicial environment in our country, implement absolute jurisdiction of judges and prevent public opinion from interfering the justice. Last, it point out to perfect the system of being held responsible for misjudge. According to these measures, there is no doubt that they will be helpful for changing the current situation of misjudged cases of death penalty in our country.