Precaution And Redress Of The Unjust Verdicts

In recent years, several startling unjust cases have caused the extreme concern about the unjust verdict question of the society, these unjust verdicts have exposed a great deal of shortcomings of the current judicial system, too. In a sense, the exposure of the unjust verdict has offered the rare opportunity for the fact that we review and improve the judicial system, In the process of the society governed by law. The paper puts the unjust verdicts under the macroscopical narration background of construction governed by the law, requires the Prosecute organ to follow the due course of law, and to proceed from the angle of ensuring human rights, safeguard the party's legitimate rights and interests, for the precaution and redress of the unjust verdict with investigating, which offer a complete system space. In fact, our country has written human rights into the constitution clearly already 2004, ensuring the principle constitution of human rights. But this has only promoted the importance of ensuring human rights from the legislative aspect, the real implementation of this constitution principle depends on settlement and implementation of the department law, especially concrete clause of criminal procedure law, which makes'procedure justice'and'ensuring human rights'permeate into the criminal judicial practice gradually, in accordance with the procedure rule conscientiously in the procedure operates, and really realizes the sufficient enforcement of lawsuit rights of suspects and defendants.The purpose of study on unjust verdict is be served for the practice. So, this paper proceeds from summary of the unjust verdict. Through starting with unjust verdict concept and characteristic, differentiate and analyse the relation between unjust verdict and wrong conviction. I define the wrong conviction might not be an unjust verdict, and the unjust verdict is only a part of the wrong. Thus distinguishing it really, refusing to obscure, I define this paper makes the unjust verdict a key point, but not the wrong conviction, it is an article that puts a basic understanding visual angle in order.I think, it is not a chance phenomenon that unjust verdict of our country takes place frequently, it has a reason system of a stage construction behind one's back, I carry on overall and deep analysis from angles such as the culture, idea, judicial quality, environment and breaking the law procedurally, etc. about the reason why the unjust verdict is produced, which offer more abundant prevention and cure theory for unjust verdict.The emergence of the unjust verdict of our country has countless contacts with procedural illegal activities, can say so, Any unjust verdict that has already happened together, we can nearly all see procedural illegal activities are operated among them. Not only Great Britain American and French department country, but country of department and law of continent have ripe treatment mechanism on procedural illegal respect of unjust verdict, Through redressing thoroughly the unjust verdict that analyzes compared with procedural illegal relation, embody, ensure and prevent concern that state power abuse from to citizen individual rights, Introduce on this basis, what offer abundant theory resource for the precaution and redress of unjust verdict.By Investigating the unjust verdict in history and current situation, the paper points out that in china, the emergence of unjust verdict reveal extant legislative defect, and various unjust verdict of judicial practice behave. And draws out realistic necessity and urgency about the precaution and redress of unjust verdict further.As to this, this paper puts the unjust verdict under the macroscopical narration background of construction governed by law of human rights, and defines that our country will not merely review and transform the cultural tradition of one's own law, thus promote the civilized, democratic intensity of criminal suit of our country, and further require our country to pay attention to the idea, in accordance with the procedure rule conscientiously in the procedure operates, make'procedure justice'and'ensuring human rights'root in the hearts of the people, permeate in the criminal judicial practice gradually, Thus the paper puts forward the precaution and redress theory idea of the unjust verdict, and constructs a system space making unjust verdict be rehabilitated.