The Causes, Correcting And Prevention Of Chinese Death Penalty Wrongful Convictions

According to certain standards, this thesis collected 25 misjudged cases of death penalty. By presenting the current situation of the misjudged cases, this thesis analyzes the main causes of the misjudged cases. Taking this as a basis, this thesis explores the corrective and preventive mechanisms.By presenting the current situation of the misjudged cases, we discovers that the defendant are below-average stratum, the victim and the defendant are in opposite or intimate relation, the defendant is charged for felony. The correcting mechanism of the misjudged cases is extremely accidental, among the 25 misjudged cases of death penalty, there are 11 cases being corrected as the murderers appeared,the victims were discovered alive and the framed behavior were brought to light,and then the innocent are exonerated by the court.This thesis found that the reasons that result in misjudged cases of death penalty are complicated, torturing the accused by the investigation authorities, false confession by the defendant, the problem of witness testimony, aspects of identification, ignoring the evidence of innocence, looking down upon the defense of lawyer, in all the misjudged causes of death penalty is a complex combination of the evidence, the system and the environment. For the non-precision of some of the statistical data, the limitation of research participants and other subjective and objective reasons, this article focuses on the study of six aspects, torture by the investigating authorities, false confessions of the accused, the problem of witness testimony, aspects of identification, negligence of the evidence of innocence, inadmissible of the attorney's arguments, whereas the above are the most crucial causes.This thesis not only divides the screening mode of Criminal crime into "judicial organs type", "independent agencies type" and "non-governmental organizations", but also gives an analyze to the characteristics of these three models. Basing on the current satiation of the criminal crime correcting mechanism, this thesis gives some proposes, such as establishing independent agencies mode to receive appeals, sounding criminal retrial start-up subject, calculating related institutions'appeal department etc. All of the measures are aimed at the consummation of the wrongful conviction' correcting mechanism. Based on the causes of the misjudged cases, in order to reduce the occurrence of the misjudged cases of death penalty, this thesis proposes the prevention mechanisms, the suppress of torturing the accused, the presentation of witnesses in the court, the parties' involvement in the Identification system, the system of the criminal judgmental arguments and the improvement of the attorney's rights.Facing the death penalty which having relationship with property, freedom and lives, we have a keen vision to discover problems, what's more we should have the courage to face problems and the confidence to solve the problem. Only a complete system of criminal procedure, a fair philosophy of justice, and an environment removing the external interference and so on, we can minimize the probability of misjudged cases, but we firmly believe that the rule of law can be better and better, although this way is hard and long.