Prosecutorial Supervision In Criminal Misjudged Case

In recent years, media reports repeatedly criminal misjudged cases, from the Case of ZHAO Zuohai, Henan Province to the Case of SHE Xianglin, Hubei Province to the Case of YU Yingsheng, Anhui Province. These continuous misjudged cases sparked the debate of the society, and also lift the intensive study of criminal misjudged cases, scholars are committed to building and perfecting our country’s crime prevention mechanism. The occurrence of misjudged cases, is often not the result of a single factor, but a collection of multiple factors. Whenever a wrong case happens, there would be an impact on our country judicial system, which also means that another innocent people’s human rights are violated. Misjudged cases repeatedly occurring makes justice being questioned. Comprehensive analysis of the causes of misjudged cases, lack of effective procuratorial supervision is an important aspect. the procuratorial supervision problems revealed by Misjudged mainly reflects in those aspects: too little supervision information and lack of rigid supervision means of the case filing stage; and during the investigation and examining prosecution, lack of the supervision of investigation and examination and prosecution phase is mainly reflected in the neglect of supervision and procuratorial supervision personnel supervision loopholes in itself, which makes supervision become a mere formality, procuratorial organs lack independence trial stage, difficult to play a role of independent oversight.The cause of lack of procuratorial supervision mainly include: first, between the procuratorial organ, the police organ and the court form a "pipelining work" system which nakes it difficult for the procuratorial organ to play a role of independent supervision; Second, outside the factors involved, other factors affect the independence of the procuratorial organs. Part of the criminal cases, it is just because the improper intervention of politics and law committee, seriously affect the independent status of procuratorial organs. Third, prosecutors’ awareness is not strong, some prosecutors want to wind up a case as soon as possible, they ignore the torture which thereafter misjudged cases occurred consequently. Prosecutors’ failing to be serious about their duties makes the procuratorial organs in to prevent wrong case difficult to play the role of its effective supervision. In light of the present condition of the procuratorial supervision and problems, it is necessary to clearly defined procuratorial supervision function of procuratorial organs, and further perfect the procuratorial supervision legislation, strengthening procuratorial organ judgment to make each stage before the supervision over criminal proceedings. First of all, strengthen the procuratorial authority to supervise the case of rigid. Second, build direct, dynamic investigation supervision. Furthermore, realize of the procuratorial organ to supervise the trial process synchronously. In terms of prosecution team construction, strengthen the procuratorial personnel on the application of the " exclusive rule of illegal evidence ", establish misjudged cases responsibility mechanism, guarantee the operation of normal criminal lawsuit procuratorial supervision power smooth and healthy to realize judicial fairness and justice.