Criminal Retrial With No Murderers

Due to the limitations of human knowledge, The happening of wrong cases is inevitable in any age and in any country, Correction to overcome this limitation is a remedy, but how to correct the ones is a test of judicial system In criminal proceedings, actually it is the test of our own rational thinking. Many criminal misjudged cases must be corrected mainly due to “the real murderer are arrested” and as it repeats, academia also failed to fully disclose the significance of those occasional cases of judicial(e.g. case of Sun Wangang without a murderer or the back of victim, Supreme People’s Procuratorate has praised it in whole country), leading the work of the judicial branches were forced to start correction and it was thought as an additional condition. It forms a certain opinion and also guides the habitual thinking of correction. People put hope on the so-called "murderers", and think that the misjudged cases can not be corrected without a murderer; even some believe that we will never achieve individual justice without the emergence of the murderers. But objectively speaking, some cases may never have perpetrators or the murderers may never be caught, whether it can say that justice can never be achieved? In this paper, I want to analyze the existing corrected misjudged cases to improve the rational knowledge of the principles of correction, advocating for that justice is to correct our own mistakes, not necessarily to restore the real case.This article is divided into four parts.Part one: Confirming murderers is not a prerequisite for criminal retrial. In this section, the paper analyzes of the inevitability of criminal misjudged case and the chance discovery of misjudged cases. I also introduced the reasons of the retrial starting, our main discovery includes discovery inside the judicial system and outside judicial system. This section mainly states the emergence of the murderers is not the requirement for corrections. It is difficult to correct a misjudged case. In the end, I introduce the correction of system of American and English to help clarify my opinion.Part two: The procedure to correct the misjudged cases without murderers. In this section, the paper analyzes the reason why it is difficult to correct a misjudged case without the emergence of the murderers. I state it mainly from the angle of the body and reason to start a retrial. Though the analysis of case of Sun Wangang, i expound the rules of correction of the misjudged cases without murderers.Part three: the trial proceeding with suspected murderers. In this section, the paper describes in detail of the case of Nie Shubin. There hasn’t been a final result yet. Suspected murderer Wang Shujin repeatedly asked the prosecution to prosecute him for the concluded case “Rape and murder In 1994, the western suburbs of Shi Jiazhuang”. Through this case i expound the rule of the trail to a suspected murderer. In the end, i also analyze the case of Zhao Zhihong, i think it is doubtful for him to be sentenced to be a murderer.Part four: Rules of retrial with no murderers, in this section, the paper presents the rules we should obey to let judiciary accept the retrial of the cases with no murderer, no returning of the victim, no truth revealed. Including: Clear standard to correct the misjudged cases; Adhere to the presumption in favor of the defendant in doubtful cases. The proof or murderers is not a necessary procedure. No phenomenon of seeking scapegoats; treat the doubtful cases rationally, pay attention to the rules of experiences of dealing with doubtful cases.