A Study of Misjudged Cases of Death Penalty
|School||Southwest University of Political Science|
|Keywords||Misjudged the death penalty Causes Legislation System Construction|
Capital punishment is the world's oldest, is also one of the most severe penalties. The result of the implementation of the death penalty and lead to miscarriage of justice is humanity eternal pain. At all times, no exceptions. China is the world's largest country in executions, but misjudged the death penalty is often hit the newspapers, which greatly undermines people's confidence in the judiciary. 2010, because of \What is the reason for miscarriage? miscarriage prevention of the system and how to build a relief mechanism misjudged it? These are also the author of papers written motivation. In this paper, a typical death penalty miscarriage Ikunori closely analyzed to death misjudged exist five common characteristics, and then analyzes the reasons lies miscarriage and improve the criminal legal system construction and other aspects of the idea of ??solving this problem, the text is divided into into four parts: the first part by choosing five typical aspects of the case leads to the problem of the death penalty in miscarriage. Some victims get any redress some miscarriage Vengeful nether world, some truth and some bewildering trajectory reflects a different fate miscarriages of justice to bring the tragic consequences of individual citizens, in giving a strong shock also caused people For the death penalty in China. The second part describes the miscarriage of the death penalty has the certain common characteristics, including miscarriage generally low level of education of the victim, the victim serious injury, misjudged corrective and found to contain a great chance, misjudged universal system \Doubtful from there, \The third part of the contact Ikunori specific cases, in-depth analysis of the causes of death miscarriage. Through a detailed analysis of the reasons for the proposed measures to pave the way below. In this section, the author from physical, procedural, judicial system, the judiciary launched four angles, especially on the death penalty in the judicial system emphasizes the impact of miscarriage. The fourth part analyzes the reasons for the above proposed comprehensive and targeted response. This part of the focus of this paper is also where the purpose of writing this article. First proposed to improve the substantive criminal law and procedural law, through the improvement of legislation to overcome our current criminal law has flaws, aim to reduce miscarriage occurs, this method has the immediacy and thoroughness. Then proposed to increase the ability and quality of judicial personnel, including specialized agencies of criminal prosecution and defense lawyers. And propose optimizing China's legal environment, the implementation of judges exercise judicial power independently, and to prevent interference with the judicial opinion. Finally miscarriage to improve accountability system. Propose a solution from the above aspects of these changes for the current situation is undoubtedly miscarriage of Death has a strong practical significance.