Study The Prevention Of The Wrong Case From The View Of The Case About Nie Shubin

On December 2,2016,Nie Shubin was sentenced to innocent by the Supreme Court.The news likes a fierce storm,causing social sensation,various media rushed to report,however,after a spate of criticism,the bloody lesson passed by.With the reform of judicial system,the correction of unjust cases in China has made remarkable progress,and the national compensation legislation is becoming more and more perfect,which gives the aggrieved people a trace of relief,and to some extent restores the credibility of the judicial.According to the case about Nie Shubin,the author believes that the judgment of innocence and state compensation are not enough to highlight the importance to fairness and justice which the state organs lay on,the legislation and judicial organs should learn from the above lessons,and try their best in conscientious and responsible manner.Correcting the wrong cases is a measure of last resort.From the perspective of Posner's economic principle,the social effect of prevention is far greater than that of later remedy,and state organs should pay more attention to the prevention of wrong case.The prevention of misjudged cases is closely related to relevant legislation and judicial activities,perfecting the legislation of investigation,prosecution and trial and standardizing the execution of official acts by the staff in the above procedures could ensure the correct handling of cases and promote social fairness and justice.Taking the case about Nie Shubin as an example,we could study the investigation,public prosecution,trial and death penalty review procedure for finding out the deficiencies,suiting the right remedy,perfecting the relevant legislation,so as to improve the prevention of misjudged case.