Study On The Prevention Of Criminal Misjudged Case From The Perspective Of Evidence System

Under the evidence legal science linguistic environment "the criminal misjudged law case" is refers to Judicial organs and so on public security, examination, trial to handle in the criminal case, to the evidence collection, the evidence use, the evidence recognizes and so on the processes to violate the evidentiary rules, causes case's law real and objective real, the law really the excessive deviation case which knew subjectively with the judicial officials. In brief, is the Judicial organ according to the evidentiary rules evidence collection, with the card, the authentication has not caused the error of fact, to have the wrong legal result case. Such limits standard explicitly had not only pointed out the criminal misjudged law case occurs the main root is, also promulgated the main crux which the prevention criminal activity misjudged law case occurred to be.Between the criminal evidence and the criminal misjudged law case's relations are very close, the criminal misjudged law case and the evidence system have direct or the indirect relations throughout. The evidence system's flaw and evidentiary rules many blanks become the criminal prosecution to move create the criminal misjudged law case's huge hidden danger. First, the criminal evidence legal rule lacks the systematic characteristic, the definition, the scientific nature and the feasibility, cannot meet the modern country under the rule of law need, also has created to a certain extent our country judicature and the law enforcement practice utilizes the evidentiary rules the confusion, to a certain extent has caused the criminal misjudged law case's occurrence; Second, the illegal evidence elimination rule is the permanent control illegal evidence collection most effective method. The full understanding illegal evidence elimination rule regarding the containment criminal activity misjudged law case's function, the correct regarding illegal evidence elimination rule's flaw tolerated criminal misjudged law case's Yan Sheng objectively, and scientific, establishes objectively has the Chinese characteristic illegal evidence elimination rule to be the criminal judicial world urgent matter; Third, from public security Judicial organ's putting a case on file and begin investigations to Procuratorial agency's examination prosecution, until the court trial, criminal evidence's utilization's each procedure should carry on strictly under the legal stipulation, otherwise possibly leaves behind misjudged law case's hidden danger. Fourth, the evidence only then forms some concrete form, only then has plays its proof role the physical foundation, must therefore conform to the legal rule evidence legal form, enables the evidence to have enters the judicial process the qualifications. Only then conforms to the legal condition evidence material use, only then may the standard evidence collection behavior, be advantageous in improves the evidence quality and the authentication level, avoids the wrong questioning witnesses and the authentication, reduces the criminal misjudged law case's occurrence.Many judicial practices proved that a incomplete evidentiary rules system is the right criminal prosecution procedure stealth murderer. The criminal misjudged law case occurs the evidence system root has the following several points:First, the criminal evidence legislation blank, the evidentiary rules vacancy becomes the root which the criminal misjudged law case occurs. Second, the detection institution evidence collection process lacks the question which the standard appears. Third, the criminal activity proved that the standard is not standard creates handles a case the department to be suitable in the evidence the mistake. Fourth, in the judicial practice examines the law to be suitable the evidentiary rules difference initiation the misjudged law case hidden danger.The perfect evidence legislation, reduces and prevents the criminal misjudged law case's occurrence by the science criminal evidence institutional framework restraint. The perfect measure is specifically as follows:First, fill legislation blank, perfect criminal evidence system stipulation. For example:Consummates our country existing witness system, to consummate the victim to state the system, displays the victim to prove that fully the case fact function, the perfect suspect's system of safeguards, guaranteed the suspect declared in a confession truthfully, reduces the miscarriages of justice the occurrence. Second, the consummation and the improvement detection evidence collection system, guaranteed that the detection evidence collection reasonable, legitimate, carries on effectively, avoids and reduces misjudged law case's occurrence. Must in the overall analysis illegal evidence has the root and in the elimination method foundation, the perfect criminal evidence system, the construction science, the democracy criminal prosecution system's important component, the prevention miscarriages of justice, improve the case quality. Third, improves our country's criminal prosecution to prove the standard. The criminal activity proved that the standard should manifest the subjective judgment and the fact organic synthesis, establishes explicitly has the feasibility criminal certificate standard system; Fourth, is reasonably coordinated the criminal activity evidentiary rules the unification to be suitable.