Hugjiltu Case Legal Analysis

In recent years, a lot offalse and mishandled cases were disclosed on the field of criminal justice, such as the Case of She Xianglin, Zhao Zuohai, as well as the Huugjilt pattern which the thesis will focus on. Combating the crime is the function of criminal judicature. However, sentencing the innocent people to death at the name of the law is a crime in the process of criminal judicature fighting against the crime. Misjudged criminal cases can be a disaster for the parties and their families and it is also a very serious topic for the whole society. The reason for correcting the wrong case mostly thanks to the incidental finding of the murderers or unexpected surviving of the victims. In December 15, 2014, the High Court of Inner Mongolia revoked the original judgment and adjudged that Huugjilt was innocent, because of the insufficient evidence and unclear facts concerning crime of intentional homicide and hooliganism. In this case, it had been 18 years since Huugjilt was executed. He was only 18 when he was shot. The occurrence of misjudged criminal cases for the entire community is very miserable, which shows our criminal justice system’s loopholes and defects.This paper consists of five parts. The first part is the introduction, which describes the background and purpose of the research and briefly introduces the Chinese scholars’ definition of misjudged criminal cases, important issues and innovations of this thesis. The second part is an overview of the case, this part introduces the basic facts, focus of controversy and thoughts caused by that Huugjilt patterns, such as whether the key evidence was legal, whether there was torture, whether the process was legal. Those factors made the Huugjilt patterns become a misjudged case. The third part is the key part of this paper. It is a legal analysis of the case, which is divided into three sections: the first section describes the identified standards of misjudged criminal cases, namely, objective criteria, subjective criteria and comprehensive standard criteria. On this base, this thesis also introduces the foreign research theory for identifying standards for misjudged criminal cases. In the second section, Huugjilt pattern is analyzed from the perspective of evidence. This thesis also introduces our legal admissibility of scientific evidence and adoption of standards, as well as our country’s criminal evidence system of illegal evidence and problems in exclusion rules which based on the Criminal Procedure Law. In the third section, this thesis analyzes the reasons which caused the misjudged criminal cases from the perspective of the proceedings and analyzes procedural law issues in Huugjilt patterns. In the fourth section, the thesis introduces enlightenment from this case, the occurrence of misjudged criminal cases often involve a variety of factors. We need to perfect criminal evidence system, improve misjudged accountability system and improve the retrial procedure of appeal.