An Analysis Of The Evidence Concerning Wrong Criminal Cases

Wrong criminal cases have always been an unavoidable issue concerning criminal justice from time immemorial,in modern China, which is completely carrying out the strategy of rule by law,actively dedicating itself to judicial reforms and unceasingly consummating criminal procedure,as well as in Britain,the US and other countries, which boast of a high level of judicial civilization and a penetrative awareness of human rights protection.Wrong criminal cases get innocent victims involved and result in deplorable tragedies;besides,they cast doubts on the current criminal proceedings and the judicial system and call for innovations.It can be remarked that the number and severity of wrong criminal cases have served as a weathervane to measure a nation's democratic progress and judicial civilization.Accordingly,how to decrease or even eliminate wrong criminal cases has become an inevitable issue of paramount significance facing all countries throughout the globe.On the basis of the aforesaid understanding,this dissertation gives a definition of "wrong criminal cases," focusing on criminal investigations and evidence.It outlines wrong criminal cases at ancient times both in China and some other countries,analyzes the evidential cause for the wrong criminal cases in China,puts forward an evidential concept for wrong criminal case prevention and relevant rules of evidence for the purpose of improving criminal investigation,normalizing the evidence's collection,examination,evaluation and utilization and avoiding the occurrence of wrong criminal cases.This dissertation,which uses a comparative and positive method of research,falls into five chapters,which contain some 150,000 Chinese characters.Chapter?,The Definition of Wrong Criminal Cases.It lists various understandings from Chinese and foreign scholars in terms of wrong criminal cases,sums up several fundamental issues causing disputes over the definition of "wrong criminal cases," clarifies the above-mentioned issues in light of the judicial practice involving wrong criminal cases in China and the commonly accepted understanding of wrong criminal cases, delimits the scope of wrong criminal cases from the context of the retrial of criminal cases,and gives the definition and essential characteristics of wrong criminal cases.Chapter?,The Outline of Wrong Criminal Cases.First,it introduces three wrong criminal cases occurring in the history of China, and sums up some causes in common for the occurrence of wrong criminal cases after an analysis of the said four cases so that the later generations can take warning therein.Second,after explaining the current situations of the wrong criminal cases in such countries as Britain,the US,Canada and Japan,it points out that wrong criminal cases are likely to arise in any country with a developed procedural system and progressive judicial civilization,and that only by drawing lessons and taking warning at any time can wrong criminal cases be prohibited.Third,it delineates some influential wrong criminal cases which have occurred in China over the past few years to the effect that fresh sample cases can be provided for the later chapters. Chapter?,An Analysis of the Cause for the Evidence Involving Wrong Criminal Cases.On the principle of judgment based on evidence, evidence serves as the material used to ascertain the facts of a case,and conclusive and sufficient evidence is the cornerstone of the reproduction of the original case.In case of insufficient or flawed evidence,a wrong criminal case will be inevitable because the ascertainment of the case is likely to be in disagreement with the reality of the case.Insufficient or flawed evidence exists for the following main reasons:first,confession coercion by torture cannot be prohibited despite repeated admonitions owing to the investigators' focus on oral confessions;second,the witness's statement or identification is false or wrong;third,the on-the-spot criminal investigation is faulty,or evidence fails to be collected according to normalized rules of operation;and fourth, technology-based evidence is erroneous.Chapter?,The Evidential Concept for the Prevention of Wrong Criminal Cases.Wrong criminal cases usually occur on account of the faults in the evidence's collection,examination,evaluation and application.Although certain measures have been taken thereof,the result is far from satisfactory because of the cardinal errors in the concept of evidence.Consequently,the concepts are supposed to be changed that too much importance is attached to the crackdown on crimes rather than to the human rights protection,and that substantive laws are stressed whereas procedure laws are ignored.In addition,such ideas as human rights protection,the presumption of innocence,the procedure determination by law,and due process of law shall be firmly established,and the criminal procedure law shall be revised.Chapter?,The Establishment of the Rules of Evidence for the Prevention of Wrong Criminal Cases.Correct and rational rules of Criminal evidence can be established merely on the basis of clear-cut and fundamental concepts of evidence.According to a comparative study of wrong Chinese and foreign criminal cases,only by the unequivocal establishment of such rules of evidence as the rule of liberal confession, the rule of hearsay evidence,the rule of relevancy,and the exclusionary rule of illegally obtained evidence can the evidence's collection, examination,evaluation and application be normalized in the course of the procedural proof in order that wrong criminal cases can be prevented.