Judicial system should reflect on Nie Shubin's case: expert
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File Photo of Nie Shubin

Observers are suggesting the Chinese judicial system needs to take lessons from the case of Niu Shubin.

The 21-year old was posthumously exonerated this past week after being wrongfully convicted and executed in 1995 for rape and murder.

In issuing its final ruling in the case, the Supreme People's Court has ruled the facts surrounding Nie Shubin's case are unclear, and the evidence insufficient.

Professor Wang Zhiyuan with the Chinese Academy of Social Sciences says the case against the 21-year old was flawed from the beginning.

"Because, from the start, there was no actual evidence to show that Nie Shubin was the killer. All the documents show the evidence collected was based on circumstance. And even that is flawed. For example, there were no attendance records submitted from Nie's workplace on the day the crime took place. The original files were taken by the police and are gone now. It's quite possible something like that could have proven Nie's innocence."

Wang Zhiyuan notes that even after another man confessed to the crime, the judicial system still fell short.

"In 2005, the judicial system operated under the notion that if it can't prove who is the real killer, we cannot overturn Nie Shubin's case. But the bigger question is why does the system require real killer to prove another's innocence? When facts are unclear and evidence insufficient, the system itself should have determined the suspect was innocent."

11 years after Niu Shubin was put to death, another convicted murderer, Wang Shujin, confessed to the crime.

However, the local courts still failed to overturn Nie's conviction, noting there is still no evidence to back-up Wang Shujun's confession.

Wang Zhiyuan says Niu Shubin's case is one which should serve as an example throughout the Chinese justice system.

"The central government has ordered the elimination of wrongful convictions from the 'roots'. The professionalism of people involved in investigations and their responsibilities are fundamental in solving criminal cases. Niu Shubin's case is an example of an 'out of control' investigation. This is why the judicial system should have more control when it comes to policing."

In the aftermath of this past week's ruling, Nie Shubin's family has begun the process of applying for state compensation.

Investigations have also been launched to determine how the miscarriage of justice first began.

On Saturday, Nie Shubin's family burnt the ruling in front of his grave, a traditional Chinese way of informing the dead of the news.

Author： 　　　Source：CRI　　　 Editor：Yang Fan