Research On The Reform Of My Country's Criminal Wrongful Conviction Correction System

Criminal wrongful cases cause great damage to the litigants and the society.Some wrong case that innocent people suffer for years or even decades of unjust verdict,physical and mental torture,some wrong case waste away innocent lives,all of the wrong case for incriminating family and its relatives bring irreparable damage and pain,also to the judicial justice and authority,produce huge challenges to social justice and harmony.Although a crime is not just a phenomenon unique to China,our country also has to prevent crime,correcting found systems and mechanisms of criminal misjudged cases,preventing and rectifying the institutions and mechanisms have been in the process of reform and perfect,however,the generation of misjudged cases is still difficult to completely avoid,wrong corrective steps,still the negative social effects of misjudged cases should not be ignored.Judicial practice tells us that it is almost impossible to completely eliminate the occurrence of wrongful convictions.Therefore,it is a realistic and rational choice to establish and improve the system and mechanism that can effectively detect and correct wrongful convictions.China has a systematic system to correct wrongful criminal cases,which is basically normal in operation.Through this system,many wrongful criminal cases have been corrected,which has achieved certain results and won the approval of the society.However,we are fully aware that in reality,it is difficult to appeal grievances,difficult to find wrongful convictions,and even more difficult to correct wrongful convictions.The system for correcting wrongful convictions is still not working smoothly,and the effectiveness of correcting wrongful convictions is limited.There are still many wrongful convictions that need to be discovered,faced up to and corrected.This needs to further examine the current wrong case correction system,further reform and perfect the wrong case correction system.In this paper,200 cases of misjudged criminal cases as samples,using the method of case analysis to study the basic situation of the correction of misjudged criminal cases,and shows that the actual situation of the correction of misjudged criminal cases in China is not optimistic.Today,with increasing attention paid to the judicial protection of human rights,the correction effect of criminal miscarriages is not very ideal.According to the cases and statistical data,since the 18 th National Congress of the Communist Party of China,a large number of wrongful criminal cases have been corrected in accordance with the law,but the overall number of corrections is still low and the proportion of corrections is not high.Correction of wrongful cases takes a long time,most cases rely on the promotion of accidental factors,even in the case of external factors can be corrected,correction is difficult;The parties involved in the wrongful case complain for a long time and pay a great price.The correction effect is difficult to obtain the recognition of the public and the social effect is not ideal.Investigate its reason,the most important is the criminal wrong case correction system exists the problem,causes the wrong case to be difficult to be corrected,needs to be reformed and perfected.The system of correcting wrongful cases mainly includes three levels: subject system,procedure system and supervision system.The current subject of correcting wrong cases in our country is the subject of handling criminal cases,and even in many cases,it is the organs,departments and personnel that directly handle the original wrong cases,and they handle the matters of correcting errors.The characteristics and colors of "self-correcting errors" are very prominent.The advantage of this setting of error-correcting subjects is that these judicial organs,departments and personnel are familiar with the original cases and are often easy to understand the problems in the acceptance of evidence,the determination of facts and the application of the law.As long as they are sincere,professional and conscientious,they can effectively correct wrongful cases.The short board is that probably wrong case is out of the hand of these organs,departments and personnel,their error correction,in theory,no problem(so-called criticism and self-criticism,seeking truth from facts,so-called has must rectify a mistake,the change of mistakes can be),is a problem in practice(so-called play their own face,even for rectifying the may also lead to wrong case responsibility being investigated,and some a lot of people may also for that of the "active" cases,the various political and economic interests,but now I want to rectifying,be investigated for misjudged cases responsibility,not only to lose their vested interests,but also further legal responsibility),therefore,In fact,some judicial organs lack the motivation to correct wrongful cases,and sometimes some organs,departments and individuals even become obstacles to correct wrongful cases.Although the complainant has the right to appeal grievances theoretically and legally,the channels of appeal are not smooth,the appeal effect is very limited,and he has no power and ability to correct his wrong case by himself.The system of correcting wrongful cases should be reformed and improved.Our wrong corrective procedure is complete in form,from finding the wrong case program(such as complaints,accept the appeal and the court and the procuratorate active found "a mistake",accept their supervision and get the wrong case clues to the case,through the media reported that misjudged cases,etc.),to accept the review process,determine retrial procedure,until national criminal compensation procedure,etc.However,the right to appeal has not been effectively guaranteed.The seizure and interception of appeal materials,the rejection of appeals and even the rejection of appeals are common.The conditions for retrial examination and initiation of "true errors" are very strict,and the normal mechanism for the procuratorates and courts to take the initiative to spot check and examine cases has not been established.It is rare to find wrong cases through the procuratorates and courts to take the initiative to examine cases.It is difficult to start the retrial procedure and change the wrong case through retrial.Sometimes,the retrial is intended to correct the wrong case,but it turns out to be a procedural mechanism that repeatedly obstructs and corrects the wrong case(the retrial keeps "confirming" the wrong case is "not wrong").It is particularly difficult to defend a complaint case.It is difficult for defense lawyers to read papers.It is difficult to investigate and verify past evidence and facts,and the wrongdoers are likely to face personal threats to redress grievances.Procedures for correcting wrongful cases need to be reformed and improved.At the level of supervision system for the correction of wrongful cases,procuratorial organs also have weak supervision.There are almost no examples of people’s congresses supervising the correction of wrongful cases.The lack of strength restricts the correction of criminal wrongful cases.The error correction supervision system needs to be reformed and perfected.China’s wrong case correction system problems are obvious,the cause is clear.The author thinks that,we need to be appropriate based on the experience of the foreign misjudged cases correct system design,and reform and perfect our country from the following aspects of misjudged cases corrective system: subject system level,the establishment of an independent crime correction institutions,by the judicial organs of rectifying oneself,no longer completely avoid by the authorities have been dealt with(suspected)of misjudged cases,departments and personnel to contact,to deal with the matters misjudged cases to correct;The right of appeal of the parties shall be effectively protected,the right of appeal of the parties shall be increased,the mechanism of obstruction of appeal shall be removed,and the procedural system of appeal submission,delivery,delivery and special delivery(forwarding),acceptance,registration,review,substantive investigation and handling,reply,reconsideration and litigation shall be unimpeded;Application system,carry out to begin registration,optimize the examination way,reform or abolish the "mistaken" review and start retrial examination standards,establishing "may belong to the misjudged cases" wrong case review and retrial standard,established by the national prosecuting authority says still guilty of burden of proof proof responsibility distribution system,still adhere to the "clear evidence is sufficient fact" guilty proof standard,still insist on evidence and the fact that benefit of the doubt to the principle of the plaintiff,establish and review system,refining the lawyer agent complaint and legal aid system;At the level of supervision system,we should strengthen the litigation supervision function of procuratorial organs and improve the supervision system of the National People’s Congress.The author expects that through such a reform,China’s wrong case correction system will become more mature and effective,and thus achieve the goal of reducing and digesting the "stock" of wrong cases,reducing and avoiding the increment of wrong cases,and making "the world as little injustice as possible".It should be noted that the author’s literature is limited,the theory is not systematic and mature,and the reform plan in the paper needs to be further studied.The occurrence of criminal wrongful cases is inevitable,and the improvement of wrongful cases correction system has been on the way,so it is still a long way to go to establish a set of standardized,institutionalized and long-term wrongful cases correction mechanism,and the legal circle and judicial organs still need to make efforts.