Research On The Remedy Mechanism Of Wrongful Convictions

The negative impact of wrongful convictions is huge. Precaution and remedy of wrongful convictions is the unremitting pursuit of every country under the rule of law. No matter how sound a legal system is and how serious and responsible the judges are, wrongful conviction cases will always exist as long as the trial exists. Social hope for justice is improved along with the increasing right consciousness and democratic consciousness of the masses. Although complete avoidance of the wrongful convictions is just the legal ideal, it still deserve our efforts to minimize the losses of them. At this moment, the remedy mechanism about wrongful convictions is particularly important. In the process of rule of law in China, we need to draw lessons from the beneficial experience of many countries.This paper is divided into five parts except the preface and the conclusion. The first part gives a brief account of the basic theory of the wrongful convictions. I pointed out that the concept of wrongful convictions is that innocent people are wrongly convicted in some cases, then sketch the hazards of wrongful convictions from the macro level and micro level, then analysis the causes of wrongful convictions, which including direct causes, external causes and psychological causes.The remedy of wrongful convictions includes discover, correction and compensation, and investigate the responsibility of the relevant personnel, etc.The part 2 of this paper examines the remedy mechanism about wrongful convictions of other countries, such as the Innocence Project in America and the Criminal Cases Review Commission in the U.K, and the retrial system in France. The third part divide the remedy mechanism about wrongful convictions of other countries into three kinds of modes, litigation relief mode, the power control mode and civil society promote mode, meanwhile, get some experience for reference. For example, to optimize the system design and establish supporting mechanisms, to promote the diversification of the main body, make full use of scientific and technological means. The fourth part analysis the present situation and problems about our country’s wrongful conviction relief mechanism, including criminal complaint lack procedural protection, the innocent people don’t have the retrial right about the wrongful convictions found by chance, the media and other private relief force have limitations, state compensation and misjudgments accountability system have negative impacts on the correction of wrongful convictions. In the fifth part, comparing with our current situation of this realm, I try to consummate the road of our own remedy mechanism about wrongful convictions on the basis of respect for the judicial practice in our country. Specifically, we need to construct the retrial system, ensure a clear right to retrial, establish institutions similar to the Innocence Project in America and the Criminal Cases Review Commission in the U.K, emphasize the use of criminal science and technology, construct perfect state compensation and wrongful convictions investigation system.