Research On The Cause Of Wrongful Convictions And The Correction System

With the disclosure of ZhaoZuoHai case in2008, Wrongful Convictions became a hotsocial topic again.Facing the counterpart of the SheXiangLin cases after five years, criminaljustice syste-m seems to be unable to prevent criminal crime occurs.People denounce injusticein criminal justice, also call for relevant reforms launched at the same time.In response to thegeneral public’s expectation of the judicial reform, the supreme people’s court, the supre-mepeople’s procuratorate, ministry of public security, the department of homeland securityandMinistry of Justice jointly issued《the rules about review and judge evidence on death penaltycases》and 《the rules about Exclude illegal evidence on criminal cases》(hereinafter referredto as "two e-vidence rules") on June25,2010. The "two evidence rules" aims to curb theconfessions by torture when Public Security Organs handle Criminal Cases. However, even"two evidence rules" had issued and relevant reforms has initiated in criminal judicial field,Our criminal justice system can effectively prevent the occurrence of criminal crime andeffectively correct the criminal crime? This paper is to stud-y the cause of WrongfulConvictions and mechanism of correction In criminal judicial reform background,aims toanalysis the causes of Wrongful Convictions, refer the successful experience of c-orrection inforeign countries and give advice on improve our criminal crime correctional system.In addition to the conclusion, the full text of this article is divided into five parts. The first part "introduction" is mainly introduces the background and significance of thispaper，points out the significance of wrongful convictions in criminal judicial reformbackground, combs the research findings of wrongful convictions at home and abroad, putsforward the research method and idea in addition.The second part " wrongful convictions overview" analyzes the debate on the "criminalcrime exists or not" firstly and puts forward own ideas, make a detailed review of thedefinition of the standard of wrongful convictions at home and abroad.The third part " choice and analysis of sample “is the base of this case study. This partmake a reference of the method that choosing the "typical" case is the key of choosing therepresentative sample. How to choose the "typical" case, this paper define the scope of casesource firstly in order to improve the representative of sample, determine the standard of case"typical", choose20cases of typical cases which are form the scope of the case sourceconstitute sample. After choosing the representative sample, this paper analysis analyses thenature of sample in the meaning of statistics, conclude three aspects of the law that are thesituation, the forms of expression and the correct path of the sample convictions.The fourth part " analyse the causes of wrongful convictions " is the key part in thispaper. This paper apply the social science multi-factor weighted analysis. On the basis of thestatistics of all causes, segregate each causes into separate analysis, and statistical out theweight of each causes a crime happened in sample, eventually conclude the probability of every cause occured in sample. According to the results, the causes of wrongful convictionsMainly includes the following:the investigation organ of the illegal or inappropriate behavior,defense attorney defense functions of weakening, the misconduct of prosecutors, theformalized trial.The fifth part "Correction path" is the conclusion part of this paper. This part introducesthe practice of“appellate correction of wrongful convictions” and “Post-appellate correctionof wrongful convictions” at abroad,then analyzes the existing problems of our country ‘s "appellate correction " and "retrial correction". On the basis of analyse to the causes ofwrongful convictions and correction of path, putting forward the following advices ofperfecting our correct path:(1) the legitimation of investigation procedure;(2) restrainmisconduct of prosecutors;(3) perfect our appeal and retrial procedure;(4) Drawingexperience on “Post-appellate correction of wrongful convictions” of foreign countries.Epilogue part is summary to this paper.After analyse the causes of wrongful convictionsand the problem of correctionl system above,we concluded that the prevention system towrongful convictions unable to contain of wrongful convictions’ happen and correctionsystem perform practically no function. The author tries to make reasonable analysis to thedeep ills of "legal instrumentalism" in criminal justice system, and reflect our country’s"legal instrumentalism" tradition.