Research On The Prevention And Relief Mechanism Of Wrongful Convictions In China

Judicial authority and credibility are an important goal of the rule of law in the country,and the fairness and justice is also a beautiful vision of the masses for the judiciary and the rule of law.However,in recent years,with the continuous advancement of the rule of law,more and more false and wrong cases have been exposed.Du Peiwu,Qi Xianglin,Zhao Zuohai and others have been widely disclosed and in-depth reports by the media,causing great public attention.In 2016,Nie Shubin's murder and murder case and the 2017 Hugue Gilles rape and murder case once again stung people's nerves.Although many false and wrong cases have been corrected,this has also caused the masses of the people to have doubts about the authority of the judiciary.This has also affected the credibility of the judiciary to a certain extent.Therefore,this paper focus on the prevention mechanism and relief mechanism of the false and wrong case,studies the whole development process of the criminal justice case,and proposes a series of prevention mechanisms and relief mechanisms for the unjust and false cases in China according to China's national conditions.The first part of the article is the introduction.This part mainly analyzes the research background,research significance and research methods of this paper.Through the analysis of the false and wrong cases exposed by online media in recent years,it expounds the authority of the false and wrong cases on the judicial organs of our country.The unfavorable influence of credibility,at the same time,the occurrence of unjust and false cases has been continually impacting the progress of the rule of law in China.Under this background,it is particularly important to improve the prevention and relief mechanisms for false and wrong cases.The second part of the article is an overview of the relevant theories of the false and wrong case.In this part,the author elaborates on the “defective case”,“false case” and “wrong case”,and then clearly defines the false and wrong case,and theancient and modern Chinese and foreign.The situation of the unjust,false and wrong case is briefly discussed.It is pointed out that the false and wrong case is not a unique product in the existing rule of law environment,but it has been in history for a long time,and it is difficult for the British and American families to avoid it.This part is intended to be paved for article.The third part of the article is the cause and effect of the false and wrong case.The author analyzes the axis of the criminal process and analyzes the causes of the false and wrong cases in the investigation and judicial organs.It is pointed out that lawyers in the current participation in the judicial process have difficulty in effectively playing the role of lawyers in the criminal justice process.And the problems existing in the criminal justice process of the public,and legal organs under the existing judicial system and mechanisms,and proposes relevant suggestions for improvement in the following issues.The fourth part of the article is the current situation of the prevention and relief mechanism of the unjust and false cases in China.Through the elaboration of the current situation of the prevention and treatment of the remedy in China,it points out the existing prevention mechanism of the false and wrong case and the existence of the remedy mechanism.Inadequacies,problems are found,countermeasures are proposed,and relevant suggestions for improvement are put forward in the fifth part of the article.The last part of the article is the perfection of the prevention and relief mechanism of the erroneous and wrong case in China.This part is the core chapter of the full text.In this part,the author puts forward a series of prevention and relief mechanisms for the unjust and false cases in China.The recommendations are perfected to effectively prevent the occurrence of unjust and false cases,strengthen the relief of false and wrong cases,enhance the public's recognition of judicial authority,enhance the credibility of the judiciary,and safeguard social fairness and justice.