Hard Justice: The Problems And Countermeasures Around The Wrongful Imprisonment Compensation

Based on the analysis on criminal policy since 1980 s,it is found that the number of criminal cases wasregarded as a measure of work performance for the judiciary organization.Under this background,numerous injustices happened and the justice of judiciary organizationhas been forfeited.The existing injustices will soon be righted The frequent errors caused by ignoring human rights and justice are the causal relationship,along with the improvement of the judicial environment and human rights protection,establish and improve the“state compensation law”is necessity and the urgency.By combing the injustice of compensation details since 2000,this study describesthe dissatisfaction of the compensationin our history,followed by the design of the system based on the overall ecological justice.The problem faced by our compensation system and the way to improve are also discussed in our research.This paper is divided into five parts.The first chapter is about the reasons and causes of this writing,summarizing the necessity and the methods of researching criminal injustice and compensation system.On the basis of the description of some representative cases,this chapter also analyzesthe injustices and their victimswho suffered the destruction and the pain,and concludes the necessary for our country to compensate them.The second chapter is about the changes of the state compensation System,system of compensation for injustice started form the Republic of China,interrupted during the Cultural Revolution until in 1992,determined by the legislation.By analyzing the criminal injustice in state compensation and compensation different from other compensations,and pointed out the necessity and particularity of the compensation for criminal injustice.This section will lay the foundation for the following research.The third chapter is to introduce the current situation of China's criminal injustice of compensation,summed up the trends and direction of injustice compensation,and analyze the current issue of compensation and the causes of injustice from different aspects,then summary the shortages of the present criminal injustice.The fourth chapter mainly introduces the research scope and recent development on the concrete design of state compensationin some countries or regions,mainly in Taiwan,Japan and the United States.Special focuses include their criminal compensation system from different aspects.Consequently,their reasonable and special system and domestic injustice compensation system were compared on the basis of the relatively good institutional design,which may be introduced to our case.In detail,on the basis of the relative good system design,this study will introduce it into the domestic system reform.Based on the previous analysis in this thesis,the last chapter carefully investigates the issue of compensation.With this investigation and the experience of injustice system design and judicial compensation in other regions,our research try to put up a framework of compensation,in which a specific recommendation for solving the problems of injusticewill be included.The final goal is to support the improvement of our government's compensation system,especially focus on the protection of the human rights,the improvement of the judicial environment.