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The Enlightenment Of The Hugejiletu Case On China’s Starting Procedure Of Criminal Retrial

Posted on:2016-03-08Degree:MasterType:Thesis
Country:ChinaCandidate:H Y GaoFull Text:PDF
GTID:2296330461973766Subject:Criminal procedure law
Abstract/Summary:PDF Full Text Request
According to the typical miscarriages of Justice cases in recent lOyears, the way such as "the real suspected murderer return"、"the victim came back to life" has became the main road to make the court decisions right. Hu Ge Ji Le Tu was executed for murder,crime of hooliganism in 1996. At the end of 2014, The Inner Mongolia Autonomous Region Higher People’s court finally made a retrial sentence, revoked the original judgment document and cleared Hu Ge’s name. This case was named as Hu Ge Ji Le Tu case or Hu Ge case which was reported by lots of medias and Evoked strong reactions and thinking in our society.Hu Ge Ji Le Tu case was lasted 9 years from the appeal in 2005 to the retrial in December, 2014 while the key evidence lead to the verdict was obviously wrong. At the same time, some important and approval evidence came up and the investigation group led by politics and Law Committee in the Inner Mongolia Autonomous Region had got the innocent conclusion, but The court, procuratorate never gave a clear answer and the trial supervision procedure was failed to start in 9 years. This case exposes that our mechanism for correcting errors for injustice in penal is not work properly, our attitude towards settling appeals and the design of the system in settling appeals has defects. Based on the analysis of Hu Ge case, this article try to point out the problems in the procedure of revising the wrong cases in order to find a way of improving our supervisory procedure for criminal adjudication.
Keywords/Search Tags:The Hugejiletu Case, the starting procedure of criminal retaial, dedicated review mechanism, rewiening criminal appeal
PDF Full Text Request
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