The Legal Analysis Of Case Hu Ge Ji Le Tu

In recent years, our country has exposed a series of misjudged cases, such as Hubei She Xianglin, Henan Du Peiwu, Inner Mongolia Gilles vocative pattern, has aroused great concern of the public, resulting in a very bad social influence, the judicial authority is a serious challenge. In order to reduce the occurrence of better protect the rights of the parties and the unjust cases and misjudged cases, the paper selected in 2014 most of the social influence and social significance of the "vocative Gilles pattern", analyzes the existing problems of the legal system of our country, aiming at the problem of the solution.The judicial organs for evidence on the case, and the application of the death penalty to the evidence is more strict. The exclusionary rule is that the judiciary may not be illegal means to obtain evidence as the basis for decision. In recent years, exposed the injustice misjudged, exposed the judicial organs still exist in death penalty cases using the exclusionary rule of illegal evidence the problem of criminal retrial procedure is a procedure of relief, the judiciary for correct errors of the legally effective judgment, re trial procedures for cases in accordance with legal procedures. Although the misjudged case correct criminal retrial procedure plays a positive role, but there are still a lot of operation the problems in the application of specific cases in the distance, the correction of miscarriages of justice has a long way to go. State Compensation Law of our country in 2010 new revision, clearly stipulates the fine The legal status of compensation for the damage. But God is inaccurate, did not make the compensation for mental damage caused by clearly defined standards, mental damage solatium in judicial practice, the specific amount of compensation in different regions, different cases differ greatly.This article through the three parts to in-depth research on the above problems:The first part introduces the application of the exclusionary rule of illegal evidence in death penalty cases. First, clarify the scope of illegal verbal evidence, distinguished by the use of "threat", "lure", "cheat" means to obtain evidence of the behavior is illegal or legal evidence investigation, should consider two factors; secondly, clear the illegal physical evidence exclusion to expand the scope of the physical evidence and documentary evidence, on the evidence, put forward opinions on the problems of evidence exclusionary procedure; finally, to break the traditional rule of illegal evidence, put forward new standards in addition to the row in the case of death penalty.The second part describes the perfection of the criminal retrial procedure. In the perfection of criminal retrial starting, the establishment of retrial application, visual appeal for the legal right of jurisdiction in the retrial case, proposed by the court of the superior court, clear the retrial starting causes, reasonable classification of retrial; in the construction of the public examination of criminal retrial procedure, retrial review will enhance the transparency of hearing system into the retrial procedure, give full play to the role of lawyers in the retrial in the retrial procedure; supervision mechanism, not only to play the supervisory role of the procuratorate, the court should strengthen their supervision.The third part describes the problem of compensation for mental damages in the criminal injustice misjudged. Starting from the judicial practice shows the necessity of establishing the standard of compensation for mental damage penalty, comfort factor carries on the analysis to the court established gold "corresponding" mental damage from various angles, and the corresponding "mental distress compensation standards are described.