The report on the opening of the criminal wrongful conviction and how to compensate the defendant fo

Ha, if you don't understand, I'll help you.

Degree** [1]Li Chungang. Research on the basic problems of wrongful convictions[D].Jilin:

Jilin University, 2010[2] Li Wei. Analysis of the Causes of Criminal Wrongful Convictions in China and the Prevention Mechanism of Wrongful Convictions**[D].

Beijing: China University of Political Science and Law, 2011[3] Wang Lili.

Research on the causes and preventive countermeasures of wrongful convictions in China[D].Anhui:Anhui University,2011

4] Zukrehan? Buy Hemuti. The Causes and Preventive Countermeasures of Criminal Wrongful Convictions in China: From the Perspective of Power Constraint[D].

Hubei:Central China Normal University,2012[5] Cui Yufeng.

Analysis of the causes of wrongful convictions of the death penalty and research on the mechanism of correction and prevention in China[D].Shandong:Shandong University,2011

6] Wang Bo. The causes of wrongful convictions and the construction of a prevention system at the trial stage[D].Beijing:

China University of Political Science and Law, 2011[7] Huang Fan. Research on Criminal Wrongful Cases: From the Perspective of the Trial Stage[D].

Beijing: China University of Political Science and Law, 2008[8] Yan Zhaohua.

An Analysis of Confession-Centrism[D].Chongqing:Southwest University of Political Science and Law,2012

9] Wang Weiguang. Causes of Torture and Its Prevention[D].Shandong:

Shandong University, 2012[10] Hu Zhifeng. Research on Criminal Wrongful Convictions and Investigation Procedures[D].

Beijing: China University of Political Science and Law, 2011[11] Zhao Linlin.

Research on the Problem of Criminal Unjust Cases[D].Beijing: China University of Political Science and Law, 2008

**Provisions of the Political and Legal Committee on Effectively Preventing Unjust, False and Wrongly Decided Cases.

Zhong Political Commissar [2013] No. 27).

In addition, most wrongful convictions are caused by illegal procedures, so you can refer to some theoretical and practical books on procedural law.

No administrative lawsuit can be filed. In ordinary cases, where public security organs decide not to file a case in which there is an accuser, they will serve a notice of non-filing, and may apply for reconsideration in accordance with the provisions of law or directly apply to the procuratorate for case filing supervision. If the public security organ decides to file a case and fails to serve a notice of non-filing, it is an illegal act.

After receiving a notice from the public security organ not to file a case, the accuser may apply to the procuratorate for case filing supervision in accordance with article 111 of the Criminal Procedure Law. In judicial practice, the materials to be submitted to the procuratorate for case filing supervision include:

1. Notice of Non-filing of Cases issued by the public security organs and investigation departments;

2. Case evidence that can be provided (including: documentary evidence, audio-visual materials, physical objects, etc.);

3. Written materials:

1) Clearly state the victim's name, address, and natural circumstances.

2) The time and place of the crime, the suspect's behavior, and the harmful results.

3) The facts and circumstances known to the presenter, the evidence and whether there are other witnesses.

According to article 16 of the Criminal Procedure Law of the People's Republic of China, it can be seen that if the victim is dissatisfied with the withdrawal of the case, he may not initiate administrative litigation, and criminal cases do not fall within the scope of administrative litigation. If the victim is not satisfied with the decision to revoke the case, he or she may apply for reconsideration and may also appeal to the procuratorate.

Article 16 of the Criminal Procedure Law: In any of the following circumstances, criminal responsibility shall not be pursued, and where it has already been investigated, the case shall be withdrawn, or not prosecuted, or the trial shall be terminated, or acquitted

1) The circumstances are obviously minor and the harm is not great, and it is not considered a crime;

2) The statute of limitations for prosecution has already expired;

3) Punishment is waived by a special amnesty order;

4) Crimes that were handled only after a complaint was made in accordance with the Criminal Law, and the complaint was not made or the complaint was withdrawn;

5) The criminal suspect or defendant is deceased;

6) Other laws provide for exemption from criminal responsibility.

Parties, their legally-designated persons, and close relatives may submit appeals to the people's courts or people's procuratorates against judgments or rulings that have already taken legal effect, but they cannot stop the enforcement of the judgment or ruling, and specifically retain a lawyer to handle it.

Criminal Procedure Law of the People's Republic of China.

Article 241:Parties, their legally-designated persons, and close relatives may submit appeals to the people's courts or people's procuratorates against judgments or rulings that have already taken legal effect, but enforcement of the judgment or ruling cannot be stopped.

For about one year, about 100,000 yuan, the state compensation will be paid.

In unjust, false and wrongly decided criminal cases, there are many reasons why the procuratorate does not raise a prosecutorial counter-appeal, the main one being that the procuratorate initiates a public prosecution with the court, and the procuratorate is the first to make the mistake.

If it is indeed an unjust, false or wrongly decided case, the defendant or convict directly appeals to the court, and may appeal to the court after the appeal period has passed. Under normal circumstances, the victim is dissatisfied with the court's judgment and applies to the procuratorate for a prosecutorial counter-appeal.

The reason why the procuratorate has been slow to protest the prosecution. It is because the conditions for protest are insufficient.

It is also difficult for the court to file a case for this kind of thing.

After a criminal case is discharged, the procuratorate in the second year of junior high school will not be able to read books, and there is a reason for the procuratorate, and I believe that the procuratorate is fair.