China has redressed a series of wrongful conviction cases in recent years, some of which involved miscarriages of the death penalty. A turning point was in 2005, which saw the revisiting of several major wrongful convictions.

Xiao Yang, former president of the Supreme People's Court, reported in 2005 to the National People's Congress that his office had discovered that altogether 2,162 people had been wrongfully convicted of crimes they did not commit.

As China's rule of law campaign gains traction, further measures to improve the country's legal system demand consideration.

In the six cases, all defendants were accused of murder, two of which also faced rape charges. Most defendants claimed they were tortured to confess the alleged crimes.

Three wrongful convictions were overturned due to the reappearance of the alleged victims, two were cleared after the later capture of the real murderers and one involved the emergence of new evidence.

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Cases like the one that led to Huugjilt 's hasty and seemingly wrongful conviction and execution are at least one reason why the Supreme People's Court on January 1, 2007, regained the power to review all death penalty decisions made by lower courts. The supreme court had been absent in reviewing death sentences for nearly three decades.

Chinese court officials and legal experts must be on the lookout for problems in the handling of criminal cases to prevent and rectify wrongful convictions.

Shen Deyong, vice head of the Supreme People's Court (SPC), was addressing a meeting on criminal justice following the wrongful execution of Huugjilt.

Shen stressed that various principles, such as sentences compatible with criminal liability, equal opportunities to prosecution and defense, and rulings based on evidence, must be fully implemented, and procedural justice must be guaranteed.

Huugjilt case
 

Source:.infzm.com

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Seven years after a serial killer confessed to the crime for which their teenage son was executed, his aging parents are still trying to get the court to re-open the case. 
 
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Posthumous exoneration attests to endeavor for justice
Huugilt's family and most of the public have welcomed the posthumous pardon. We have seen from the case the problems of the legal system as well as hope. We are living in a country plagued with a myriad of loopholes, but the government and the public have the willingness to improve the country. 

Yi Yanyou, professor from the Law School of Tsinghua University "Judicial authorities were highly efficient in sentencing people to death, which showed their indifference to life, and the ease with which they can trample a defendant's procedural rights," said Yi.

Zhang Qingsong, a lawyer with Shangquan Law Firm in Beijing
"It was a period when many criminal cases were handled like a political campaign, which resulted in a series of unjust and wrongful convictions. I feel so heartbroken by it," said lawyer Zhang, "No one wants to take responsibility for the mistakes in the case, as the people who push the case might face severe punishment." 


Wang Benyu case

Source: newssc.org

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Jiang Chunyuan, commentator
In this case, it is not enough to just hold several police officers and investigators accountable. It is not only the responsibility of the public security department, but also the procuratorate and courts. Furthermore, it can be traced to existing problems in our judicial system. Zhang Biao, a retired prosecutor who helped in reversing another wrongful verdict, said that a wrongful conviction usually goes through public security bureau, the procuratorate and the courts. These three units have their own responsibilities and should check and balance each other to avoid mistakes. However, in some places, these departments are so intertwined that they fail to effectively provide mutual oversight. All the while, the principle of innocence until proven guilty should be upheld.

Source: xinhuanet.com


Zhang Hui / Zhang Gaoping case

Source: news.changsha.cn

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Men compensated after 10 years of wrongful imprisonment
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China outlines measures to prevent wrongful judgments
China's Supreme People's Procuratorate (SPP) has outlined measures to prevent wrongful and unjust judicial decisions.

The strictest evidence standards should be applied in cases in which the death sentence can be imposed, the circular said.

Criminal suspects should not be convicted if there is no other evidence aside from the suspect's own confessions, according to the document.

Suspects involved in major bribery cases should be guaranteed their rights to meet with their lawyers, it said.

The SPP also prohibited the extortion of confessions by means of torture, threats or enticement.

New guideline to address wrongful verdicts
Chinese authorities have for the first time issued a guideline on preventing unjust or wrongful judgments, following the emergence of several court scandals.

The guideline stresses that for cases in which there is not enough evidence to prove a suspect's guilt beyond a reasonable doubt, the court should stick to the principle of reserving punishment and pronouncing defendants not guilty, rather than issuing a judgment based on insufficient evidence.

Top Chinese procurator vows to better protect rights, prevent wrongful judgements
Top Chinese procurator on Monday pledged to work harder to safeguard human rights in the country's lawful crackdown on crimes and prevent wrongful and unjust judicial decisions.

Prosecutors dropped the arrests of 100,157 people and dropped prosecution of 16,427 people last year on grounds of insufficient evidence and that their actions failed to constitute crimes, according to Cao Jianming, Procurator-General of the Supreme People's Procuratorate. 


Zhao Zuihai case

Source: Xinhuanet.com

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Cops arrested, accused of torture
A man who was wrongly jailed for 11 years on charges of murder has been compensated 650,000 yuan ($95,500), and two police officers who tortured a confession out of him more than a decade ago have been arrested, though a third officer remains at large, authorities in central Henan Province said Tuesday.

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Three judges at a central China court have been put on leave over a wrong conviction that left an innocent man behind the bars for 11 years, authorities said Friday.

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Teng Xingshan case

Photo: ifeng.com

Timeline: 1. April, 1987  The body of a dismembered woman was discovered in a river in Mayang Miao Autonomous county, Hunan Province. Police later identified the woman as Guizhou native Shi Xiaorong. 2. December 6, 1987  Police detained Teng Xingshan, a butcher in nearby Malan village, for questioning. December 13, 1988  Teng was given a death sentence by the Intermediate People's Court in Huaihua, Hunan Province. Teng appealed the decision, which was upheld. 3. January 28, 1989  Teng was executed. 4. In 1993, Shi Xiaorong, the alleged murder victim, returned her hometown in Guizhou Province. Shi claimed she was kidnapped in 1987. 5. January 18, 2006  The Higher People's Court in Hunan Province reviewed the case and posthumously declared Teng innocent.

Source: mzyfz.com

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She Xianglin case

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She Xianglin, a man from Hubei Province, was freed in 2005 after 11 years in prison. It turned out he was wrongly convicted of murdering his wife.

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More stringent rules for court evidence to avoid miscarriage of justice 
Five ministries and judiciary organs jointly released two sets of legal rules Sunday, adjusting the criminal evidence system in a bid to prevent further miscarriages of justice.

According to the new rules, the facts and evidence used to convict must be indubitable and sufficient, and evidence in doubt or obtained illegally must be excluded. 

More caution over death penalty
The country's top court said Tuesday that all the country's death penalty cases will carry two years reprieve with the exception of those criminals who are condemned to immediate execution.

In its annual report, the Supreme People's Court said it would continue to ensure that only small numbers of extremely serious criminals are executed. Those who are not sentenced to immediate execution will get two years' suspension of the death penalty, according to a report of the People's Daily website Tuesday. 

Enlightenment building for rule of law 
It has to be admitted that the foundation of Chinese judicial justice is not solid and society can sometimes exert a useful impact on judicial decisions, although by no means always. The court can always reject the interference of public opinion that is sometimes "a little rude."