A Legal And Economic Perspective On The Causes Of Wrongful Convictions

Since the 18 th National Congress of the CPC,the correction of criminal misconduct cases has become a key issue in China's judicial reform in recent years.In the wave of a new round of reform of the criminal justice system,the judiciary is even more need to guard against the risk of criminal misjudged cases behind the new criminal justice system hidden.Therefore,there is an urgent need to broaden the theoretical dimensions of the research on the causes of criminal wrong cases,clarify the complex interest relationships behind criminal wrong cases,and resolve the deep contradictions in criminal wrong cases.Based on the analysis of the causes of typical criminal misconduct cases at home and abroad,the causes of criminal misconduct cases can be summarized as evidence distortion,trial bias,procedural errors,and judicial misconduct.From the perspective of cost-benefit,the cause of criminal wrongdoing is attributed to the low cost of“manufacturing”criminal wrongdoing by judicial organs and the excessively high litigation benefits of illegal evidence.This imbalance between the costs and benefits of litigation promotes the occurrence of criminal wrongdoing.From the perspective of the information economy,litigation activities are a game around case information.The unequal litigation status among litigation subjects is destined to be "monopolized" by the judicial authorities.In the context of information monopoly,the negative attitude of judicial review of information,the formalization of the judicial review process,and the limited information relief channels of the defense make it difficult to exclude wrong case information,which leads to criminal wrong.In the perspective of economic assessments,the moment the judiciary over the pursuit of justice behind the "efficiency" of the hidden pitfalls wrong case risks.The“index only” and “efficiency only”of judicial incentive system in disguise stimulate judicial officers to blindly pursue the benefits of litigation efficiency and ignore procedural justice;The criminal justice system "efficiency first" Mistakes will assess the effectiveness of the criminal justice system of assessment simply confused and litigation efficiency,thus contributing to the criminal justice concepts into the wrong situation,"efficiency first",breeding a higher risk of criminal wrong case.