On the Analysis of Why the Correction of Wrongful Conviction Depends on“Happenstances"
LI Fen-fe
Abstract
LI Fen-fe
Abstract
In China,faced with judicial situation that correction of wrongful criminal conviction relies heavily on happenstances such as resurrection of the dead,and arrest of culprits,especially in face of huge obstacle in process of correcting suspectablely wrongful cases of death penalty,we need to deeply investigate and analyze their discovery mechanism,defining criteria and correction mechanism in order to give convincing explanations for difficulty in correcting wrongful conviction in China.In order not to depend on happenstances in correcting wrongful conviction,much more has to be done:those who are convicted guilty should be entitled to necessary rights;the identification criteria of wrongful conviction should be specified;the self-correcting-centered criminal retrial system should be changed.Furthermore,the current system of investigation into misjudged cases in china should be reconsidered,and various forces that contribute to correction of wrongful conviction should be mobilized as many as possible.
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In China,faced with judicial situation that correction of wrongful criminal conviction relies heavily on happenstances such as resurrection of the dead,and arrest of culprits,especially in face of huge obstacle in process of correcting suspectablely wrongful cases of death penalty,we need to deeply investigate and analyze their discovery mechanism,defining criteria and correction mechanism in order to give convincing explanations for difficulty in correcting wrongful conviction in China.In order not to depend on happenstances in correcting wrongful conviction,much more has to be done:those who are convicted guilty should be entitled to necessary rights;the identification criteria of wrongful conviction should be specified;the self-correcting-centered criminal retrial system should be changed.Furthermore,the current system of investigation into misjudged cases in china should be reconsidered,and various forces that contribute to correction of wrongful conviction should be mobilized as many as possible.
Key concepts: Conviction, Law, China, Order (exchange), Obstacle, Political science, Criminal procedure, Business