Research On The Criminal Relief System In China

The Criminal Misjudged Case is always the number one tiger in the field of criminal justice, its harm is huge, not only will cause irreparable damage to the party, deprived of their liberty and even life, serious damage to the credibility of the judiciary will lead to the loss of people's faith in the rule of law,. Causes of miscarriages of justice are in many aspects, the subjective aspect, mainly is the imperfect legal system and judicial personnel quality is not high, the rule of law consciousness is not strong; Objective: is a special criminal cases and human cognitive ability limitations. According to the cause of the subjective aspect of Criminal Misjudged Case, we can improve the system, strengthen the construction of judicial personnel and other measures to avoid the occurrence of miscarriages of justice, but the objective reasons we are unable to completely avoid, which determines the misjudged criminal cases which should be avoided, and the inevitability of criminal misjudged case determines the necessity of the relief of Criminal Misjudged case. However, China's current legal relief system of Criminal Misjudged Case-- the procedure for trial supervision, lack of not only single way and effect, for the relief of Criminal Misjudged Case is far from reaching the public's expectations.In the face of recent years has been the media exposure of the misjudged criminal cases, we have to ponder on feel bitter at the same time, there are many innocent people are in jail suffered unrighted wrong, and how much has been executed the families of those who are still waiting for a late justice, therefore, construction and the perfection of the Criminal Misjudged relief system is of great significance and urgent.The United States "innocent" and the British Board of review of criminal cases, is the western developed countries most of the measures and the system of relief of Criminal Misjudged case. "Innocent" through the folk law in the elite team for the innocent agency appeal and retrial litigation to help them wash grievances; review committee is by the complainant in the case of criminal cases review special accurate and efficient discovery of miscarriages of justice, and the case is submitted to the court of appeal. "Innocent" and the Criminal Cases Review Committee for the relief of the misjudged criminal case value in the judicial practice in the United States and Britain have been fully verified. Inspired by the "innocent" and British criminal case review committee, the author combines the reality of our country, puts forward the Criminal Misjudged Cases, the establishment of China's civil relief association in court set up inside the board of review of criminal cases, and improve the existing procedure for trial supervision system idea.