Try by criminal " doubt is like " misjudged case checks
─ ─ with " Nie Shubin case " the analysis that is a perspective
Yin Xun brightness
Content abstract: To producing the criminal judgment of legal effectiveness, if discover key doubtful point, form criminal namely " doubt is like " when misjudged case, how to have the checks to exist in order to correct a likelihood mistake to the case, ensure a citizen to acquire the right that judicatory relieves, it is an issue that studies urgently. And the functional requirement that our country's active system design cannot satisfy this respect apparently. For this, the author put forward to perfect criminal doubt to be like misjudged case to check the train of thought of the system.
Keyword: Criminal misjudged case checks
Criminal misjudged case, fault of courtyard of common civil law pointing to a person will be innocent sentence guilty or the criminal case that minor offence is sentenced again and court decision, ruling has produced legal effectiveness. Will tell on firm sense, still should include this kind of accusation on coequal penalty to be sentenced to be those to plant accusation, guilty sentence for innocent or felonious the circumstance that sentences gently. The article discusses the criminal misjudged case on common sense only. Unless occurrence enough of major new case overturns original judgement, otherwise since have doubtful point, can be a doubtful case only, and can not be misjudged case surely. Accordingly, use the name of SARS period, of the wrong counter scale that the author puts this kind in doubtful point for criminal " doubt is like " misjudged case, and will with what happened 2005 " Nie Shubin case " undertake an analysis for the perspective.