Font Size: a A A

Criminal Injustice Cases Correcting System In China

Posted on:2016-03-13Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y HuFull Text:PDF
GTID:2296330482463475Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The correcting of injustice cases has long been a research hot spot in academic circles,but researchers are committed to finding more inspiration from the western criminal justice system to explore the ways to correct injustice cases in China.This paper analyzes the reasons of the difficulties in correcting injustice cases at first,then studies the strengths and weaknesses of examing prisoners system,and analyzes the values in injustice cases correcting.Finally it discusses how to improve the injustice cases correcting system in current China,and forms an injustice cases correcting system with Chinese characteristics.In addition to the introduction and conclusion,this paper is divided into four parts.The first part,the plight of criminal injustice cases correcting system in China.This part analyses the problems in the contemporary injustice correcting system from two perspective.To solve these problems, scholars usually look for a solution from western,a reference to this solution has its necessity but also limitations.In contrast,the injustice cases correcting system in ancient China does more agree with the current situation of injustice cases in contemporary China,and has great reference value to contemporary injustice cases correcting.The second part,the summary of the examing prisoners system.This part mainly aims at studying the examing prisoners system in detail.Through the study of the historical evolution,analyzing the general characteristic of the combination of principle and flexibility in terms of time,space,the subject and pattern.The third part,the value of the examing prisoners system.This part evaluates the advantages of examing prisoners from two aspects of judicial ideas and the design of system.The judicial ideas are cautious penalty,people-oriented,justice idea.And the values in design are comprehensive,system,neutrality and initiative.The fourth part,the idea of perfecting Chinese criminal injustice cases correcting system.In order to solve the problems existing in the system,referring to the marrow of the examing prisoners system in ancient China,putting forward the corresponding solutions,and improving the specific ideas of injustice cases correcting system.This paper advises to set a neutral criminal injustice reviewing commission,analyses the necessity and feasibility of this commission, puts forward the specific idea of institutions’ installing,and hopes to improve the system of correcting injustice from practice.
Keywords/Search Tags:criminal injustice cases, examing prisoners system, retrial procedure, reviewing commission
PDF Full Text Request
Related items