The Empirical Research On Ten Injustice In Intentional Homicide Cases

Intentional homicide is the heaviest crime of infringing upon the rights of the person.According to the Article 232 of China’s criminal law, the offender of intentional homicide shall be sentenced to death penalty, life imprisonment or fixed-term imprisonment of not less than ten years on account of the lurid nature. Not less than three years but not less more than ten years of fixed-term imprisonment in case the circumstances are relatively minor, due to the severity of the penalty measurement in terms of the intentional homicide, injustice in relevant cases can generate harmful and deadly effects on those who are erroneously judged. What’s worse, in more serious circumstances, some criminals have sentenced to death, losing their lives because of wrong judgment, which result as ineradicable pain in human history of judicial.If the occurrence of unjust, false and erroneous cases on intentional homicide stays frequently, legal rights of parties will be violated and the establishment of the judicial credibility will be greatly hindered. For example,last year, the case that the misjudgment of Huugjilt was not redressed (had not been redressed) until the culprit made the confession of his intentional homicide crime arouse the great concern of society. In this paper, ten of unjust,false and erroneous cases of great significance on research are selected out as studying cases. As to some of these cases, the truth are revealed in public while others are still intricate and complicated. Whatever the causes are, unjust, false and erroneous cases lead to severe severely harmful influence on the protection of human rights, the maintainance of social stability and the improvement of judicial credibility. By drawing an analogy among these cases, the main features of unjust, false and erroneous cases are analyzed as the following.During the stage of investigation of public security organs, there are high chances of the occurrence of mistakes and errors and much frequency of illegal forensics. What’s more, the principle of In Dubio Pro Reo are distorted. Based on the analysis and generalization of these features, the causes resulting in unjust, false and erroneous cases can be attributed to summaried as the lack of law-executor’s judicial concept, the defects of present judicial system, the shortage of judicial resources and the impact of consensus.Besides, combining with the actual situation in China,in this paper, suggestions on reform are made respectively in the aspects of strengthening the judicial concept of law-executor, improving the judicial system, optimizing the judicial resources and weakening the influence of consensus, which are believed to be beneficial for changing the situation that the unjust, false and erroneous cases take place in high frequency.