Work

An Empirical Study on the Implementation of Wrongful Conviction Retrials in China: Factors and Outcomes

Year: 2025

Type: article

Abstract: Wrongful convictions are a pressing global issue. While extensive research addresses their prevention, empirical studies on retrials remain limited. Retrial is a critical legal remedy for correcting miscarriages of justice. This study conducts an empirical analysis of wrongful conviction retrials in China, a jurisdiction with a distinctive legal framework and ongoing judicial reforms. Using descriptive statistics, bivariate analysis, and logistic regression, we examine 68 retrial cases from the past decade. The study addresses three questions: 1) Which types of wrongful convictions might initiate the retrial procedure and be successfully revised to acquittal? 2) What factors influence the judge’s decisions during the retrial procedure? 3) How are reversals to acquittal related to the defendant, wrongful convictions, and the recovery of damages? The findings highlight key features of retrial practices and identify significant determinants of judicial outcomes, including judicial and media involvement, the number of defendants, and grounds for wrongful conviction. Based on these results, the study proposes legislative and judicial reforms to strengthen remedies in wrongful conviction retrials, offering insights into comparative justice systems.

Source: Substantive Justice International Journal of Law

DOI: 10.56087/substantivejustice.v8i1.353

Authors: Yaoyao Li, Muhamad Helmi Md Said, Muhamad Sayuti Hassan, Tinuk Dwi Cahyani, Jingyu Liu

Institutions: National University of Malaysia, Universitas Muhammadiyah Malang

Language: English

Topic: Legal processes and jurisprudence

Subfield: Law

Field: Social Sciences

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: gold

Estimated APC paid: $196