| Taking reference of relevant terms in the United Nations human rights covenant, Chinese state compensation system in criminal justice shall be reformed in the following respects. Miscarriage of justice should not be determined according to the judgment of original trial or the appeal. If the policemen, prosecutors and judges take some legal measures to the suspect, causing his loss, the suspect should not get the state compensation for which even if he is decided not guilty in the final trial.On the contrary, if the suspect is cooped up illegally, he should get the state compensation for which even if he is decided guilty in the final trial.The measures of search and seizure should be included in coercive measures of criminal justice. Cenerally, the reform of the state compensation in criminal justice should minish the improper pressure to the judiciary organs enforcing the law, giving attention both to the justice and the efficiency of criminal proceedings. |
京公网安备11010102006664号 京ICP备2023015853号