Research On The Cause And Redress Mechanism Of Misjudged Criminal Cases

According to the exposure of unjust, false and erroneous cases such as She Xianglin, Zhao Zuohai and so on, misjudged criminal cases become the social focus again and arouse people’s question for National judicial System. There are so many reasons such as the backward legal system of the 80s or 90s, the intervention of local Political and Legislative Affairs Committee, the underdevelopment of investigative means and the abuse of judicial officers’ authority. Since the unjust, false and erroneous cases have already been formed, criminals have bear the corresponding responsibility, the executed can’t revive any more, the most important thing is to consider how to correct the wrong cases and give delayed justice back to the victim and their family.After the national compensation for the wronged, Supreme People’s Court, Supreme People’s Procuratorate, Ministry of Public Security, Ministry of Justice and Ministry of State Security, in response to individuals’expect for judicial reform, issue two documents Regulations on Some Issues about Examining And Judging Evidences of Death Penalty Cases and Regulations on Some Issues about the exclusion of illegal evidences of criminal cases. Our country’s criminal judicial system seems to prevent and redress the misjudged cases effectively after the documents’issue and relevant criminal judicial reform. However, two hot cases on Hugejiletu and Nie Shubin castigate national criminal judicial system again in 2014. The same characteristic of two cases is that both of the wronged defendants have been executed for many years, but the difference is that Hugejiletu case has been corrected and Nie Shubin case is on the road to litigation.Due to the different definitions on concept of "misjudged case" in different areas and different scholars, this paper will analyze the concept of "misjudged case" firstly to discover the truth meaning of criminal misjudged cases, according to two methods including studying several theories of academic world at home and abroad and exploring the different concepts in different regions. Secondly, the author will analyze and summary the reasons of criminal misjudged cases according to adopt relevant examples to explore the elements lead to misjudged cases on the investigation stage, prosecution stage and trial stage. Lastly, after the horizontal comparison among British Criminal Cases Review Committee, American Innocence Project and DNA Testing Program, French Criminal Retrial Starting Procedure, German Criminal Retrial Starting Procedure and our national correcting model of misjudged cases, the author will put forward some concrete measures for correcting mechanism of misjudged cases such as improving the litigation environment, excluding outside intervention, enhancing the qualities and abilities of judicial officers, popularizing the theory of Presumption of Innocence, establishing the lifelong responsibility system for judicial officers and perfecting the Retrial System. Only protecting the source of justice can we hope to reduce or redress the misjudged cases, thereby, to safeguard every citizen, just and fairness.