Justice delivered too late for some

By CAO YIN (China Daily) Updated: 2015-01-07 08:30

A verdict granting State compensation of more than 2 million yuan ($322,000) is displayed on Dec 31 by the parents of Hugjiltu, an 18-year-old wrongly executed for rape and murder, in Hohhot, the capital of the Inner Mongolia autonomous region. Shao Kun / Xinhua

Yang Weidong, a law professor at the Chinese Academy of Governance, said such progress can be attributed to the Third and Fourth plenums of the 18th CPC Central Committee, which provided a better legal environment for the country.

"The two key plenums set a 'justice tone' for residents and highlighted the rule of law across the nation," Yang said. "I'm glad to see our judicial officers correct wrongful cases in legal ways instead of taking that only as a slogan. It's also progress and shows our determination to protect human rights."

Some legal procedures in current Chinese law, including retrials and the rectification of wrongful convictions, can contribute to improving judicial credibility, "which we need to make full use of", he said.

Ying Songnian, a law professor at China University of Political Science and Law, suggested judicial workers learn a lesson from the righted cases.

The increasing efficiency in overturning wrongful cases is also due to litigants' long-term persistence, he said, adding that those who interfere with investigations and judgments must be held responsible.

Gongsun Xue, a criminal lawyer, agreed that the improvement in wrongful convictions being overturned is an embodiment of the public's increasing legal awareness.

However, Gongsun said, how much human rights protection a wrongly jailed person gets depends on the punishment of those who intentionally failed in their duties.

The increase in rectifying wrongful convictions has helped speed up some other controversial cases and brought some hope to the families involved, including the mother of Nie Shubin.

Nie, 21, from Hebei province, was executed for allegedly raping and killing a woman in 1995, but when Wang Shujin, 46, confessed to the murder 10 years later, Nie's case gained public attention.

The Supreme People's Court has now sent the case to a court in Shandong province, asking it to reinvestigate.

"These moves should be approved, but we cannot only correct. It's more important to clarify what reasons cause these judicial mistakes and how to effectively discover the error's root, to avoid similar tragedies and enhance prevention," Gonsun added.