The Influence Of Criminal Justice Policy On Injustice

Frequent unjust cases have great social harms. For instance, it makes innocent people and their families suffer harm, destructs social harmony, and also causes great shocks to the national criminal justice system. However, with regard to the factors causing injustices, most research is focused on the complexity of criminal procedures; few is conducted from the perspective of criminal justice policy. In fact, criminal justice policy plays an important role in the formation of unjust cases. It has an important causal link with the formation of unjust cases. In this paper, I explore the formation of injustice from the perspective of criminal justice policy. Specifically, I investigate the relationship of criminal justice policy and injustices from three specific policies, which are "high pressure strike", "two basis", and "Homicide cases must be solved". At the same time, I recognize the philosophy and practice of "presumption of criminal" as the key factor in injustice, and that the three specific criminal justice policies strengthen the tendency of " presumption of criminal". On the basis of these analysis, I concluded that in China’s criminal justice system, the political factors have larger influences than judicial ones; too much emphasis is focused on efficiency and order while ignoring freedom and justice. Further more, I argue that the most critical and urgent is the need to emphasize the legality, humanity, and scientificity of criminal justice policy. At the same time, I propose the amendments concerning the three specific policies of "high pressure strike", "two basis", and "Homicide cases must be solved" by showing the need for implementation of the "combining leniency with rigidity" and the need to cast out superstition of "homicide cases must be solved", and adhere to the bottom line of " presumption of criminal".