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China / China

Better case oversight will target injustice

By Zhang Yan (China Daily) Updated: 2017-03-14 07:39

Prosecutors nationwide will tighten oversight of police and judges to better prevent miscarriages of justice, the country's top procurator said.

"Any misjudged case would not only harm litigants and their families, but also seriously damage the credibility of judicial authorities," said Cao Jianming, procurator-general of the Supreme People's Procuratorate.

"Judicial justice is the lifeline of the rule of law," he said. "To prevent and correct miscarriage of justice is the bottom line for prosecutors when we perform our supervision duty."

By law, prosecuting departments shoulder the responsibility for supervision of other judicial authorities.

Last year, courts at all levels changed verdicts or sentences in 1,376 criminal cases after retrials, and prosecutors played a positive role in the rectification of these wrongful cases, according to the SPP.

A typical case occurred in the Xinjiang Uygur autonomous region. In August, Tan Xinshan, a murder convict in Xinjiang, was pronounced innocent and set free for lack of evidence.

In 2004, Tan, a former worker with a heating company, was convicted of intentional homicide and sentenced to death with a reprieve of two years; after two years, he was sentenced to life in prison. His family appealed his conviction for 11 years until the top procuratorate launched a protest to the top court in 2015.

Cao said the SPP has attached great importance to establishing a long-term mechanism to prevent miscarriages of justice.

For example, prosecuting departments have conducted a pilot program that encourages police to consult with prosecutors in highly complicated criminal cases. They have also taken measures to ensure the rights of litigants and their attorneys, according to the SPP.

Cao said prosecutors will perform this role better this year. "Prosecutors will carefully review all complaint material. Once any sign of misjudgment is found, we will launch further probes," he said.

"If we believe courts have made wrong verdicts, we will protest in a timely manner and put forward suggestions for correction."

Prosecuting departments will also tighten supervision over the police to exclude possible illegal evidence made by forced confessions, he said.

"We will strictly examine the facts, evidence, procedures and laws applied to exclude illegal evidence. We will try to use the most accurate accusation to ensure that all cases can withstand legal scrutiny and the test of time," Cao said.

Moreover, prosecutors will improve the channels for the public to report such cases, according to the SPP.

Hong Daode, a law professor from China University of Political Science and Law, said a long-term mechanism to prevent injustice from occurring is conducive to the development of China's rule of law.

zhangyan1@chinadaily.com.cn

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