Legal Analysis Of The Judicial Ecology Of The Unjust Case

The concept of judicial ecology is derived from the biological concept of ecology.Judicial ecology specifically means an ecology which is formed by relevant subjects who are restrained by environmental factors in judicial acts,for example politics,society and legal profession etc.In China,due to errors in criminal justice policies,there were times when bad judicial ecology emerged.In January 15 th,2009,Miss Zhang was found dead in a rental house in Tianhe district,Guangzhou.Investigators from Tianhe District public security branch found that her boyfriend Chenzhuohao was under strong suspicion for committing the crime,and took him into custody for further investigation in February 25 th.After a series of investigations,investigators declared that the case was solved.In December 14 th,2009,Guangzhou municipal procuratorate brought an indictment to Guangzhou middle court.In January 10 th,2012,Guangzhou middle court found Chenzhuohao guilty of intentional homicide and put him on probation for two years.Chenzhuohao appealled against the sentence to Guangdong Higher People's Court,after reviewing,Guangdong Higher People's Court returned the case to the Guangzhou middle court for retrial.In August 12 th,2014,Guangzhou middle court affirmed the orignal judgment.Still,Chenzhuohao appealled against the sentence to Guangdong Higher People's Court,and Guangdong Higher People's Court publicly retried the case in May 18 th,2015.During the trial,after a court debate,a number of illegal evidences were excluded,and existing evidences were unable to prove that Chenzhuohao was the only murderer.Finally,Guangdong Higher People's Court declared Chenzhuohao innocent.There has been irregularities in the investigation work of the public security branch,which led to many flaws in verdict evidences.And the source of these problems,to a great extent,is the wrong indicator for performance check-'homicide cases must be cracked'.Investigators only sought to solve the case,and didn't pay attention to the regularities of investigation work,which influenced the quality of the evidences.The proposal of the slogan 'homicide cases must be cracked' was because there were many malignant criminal cases in the early 2000,and a number of killings cannot be solved for a long time.Under this circumstance,in 2004,the Ministry of public security proposed the slogan 'homicide cases must be cracked' to public security branches nationwide.Thus,public security branches solved a large number of major and serious criminal cases in a short time.'homicide cases must be cracked' as a political requirement gradually became the criminal policy for public security branches.The detection of the homicide cases even became the governments' assessment standards for the public security branches,and this violated the objective law of the investigation work.Under the pressure of criminal policy,in lack of constraints,there were only coordinations between public security braches,procuratorate and court.Judicial ecology was severely influenced,causing a large number of unjust criminal cases.After the 18 th CPC National Congress in 2012,the idea of managing state affairs according to law has been implemented and enhanced,a series of judicial reform measures has been effectively conducted,and the judicial ecology has been changed.In the area of criminal justice,criminal proceedings implemented the exclusion of illegal evidence and launched the court hearing model centered by trial,which prevented unjust cases.Through Chenzhuohao's unjust case,from investigation to first instance,second instance and last instance,the whole process showed the implementation of the exclusion of illegal evidence in criminal proceedings and the court hearing model centered by trial.Actually,it was the developing process where judicial ecology transformed from abnormality to health.It revealed the implementation of the idea of managing state affairs according to law in criminal justice system and judicial practices.And it has made the people feel fairness and justice in every judicial case.