The Study Of Remedy Mechanism For Criminal Unjust Case

Criminal unjust case is extremely harmful, it eorrdes judicial authority, destorys the belief in the rule of law, damage the root of legal system. China Academia has already deeply explored the cause, the responses and the responsibility investigation, in order to adapt to the international trend of human rights, we should take more energy on saving the innocents. The article is consist of four parts, Specific content as follows:The first chapter is the total paragraph. First, it is the definition of unjust case,it means an awful sitiation that an innocent person is wrongly convicted. After comparing with misjudged case, feigned case, doubtful case, it clarify the misunderstanding in the legal practice. The remedy mechanism of criminal unjust case has not been defined, so I summarize one myself by looking up a large amout of literature and data. At last, I make a brief analysis about the theoretical basis and the research value.The first part of the second chapter is a presentation about the crrent situation,from which I find the major problems. The major problems mainly focused on the criminal appeal system and the criminal judicature compensation system. The problems of the criminal appeal system is concentrate on the type classification, the jurisdiction, the counsel system and the hearing procedure. The defects of the criminal judicature compensation system center on the range of liability subject, the scope of state compensation, Indirect costs, mental injury compensation and the calculating standards of the damages.The first part of the third chapter is a comparision between continental law system and common law system. The common law system takes protection against double jeopardy as the basis, so the function of the remedy mechanism is restricted. In the absence of exceptional circumstances, the judgment may not be overturned. The application condition of retrial application right and special remedy right given by the American law is stringent. CCRC review process is also very complicated. Innocence Project as private power has played an important role in remedy mechanism. Compared with the common law countries, continental law system countries has a relatively complete system, for the subjects and conditions of the criminal appeal are clearly defined, more rigorous procedures and more complete system is designed on criminal compensation system.The success often depends on the role of the lawyer in addition which is worth learning from.The fourth chapter is about the design to improve the remedy mechanism for criminal unjust case in china. The following modification should be made on the criminal appeal system:integrated and unified the related laws and regulations, distinguish the appeal type, reform the appeal jurisdiction, guarantee the right of the plaintiff in appeal hearing procedure, dovetail the criminal appeal into the proceedings. The criminal judicature compensation system should do the improvements as follows:brings the third party’s compensation liability in the subject of liability, add indirect compensation, embody the standard of compensation for mental injury, establish diversified personal injury compensation standards. In terms of mechanism guarantee, improve the supervision mechanism of criminal appeal, standardize lawyer’s role in criminal appeal system, build a security system to make sure that the innocent can return to the society easily.