Evidence Reason And Prevention Of Wrongful Conviction

In 2010, ZhaoZuohai case caused for the public concern on the issue of wrongful conviction again. In this background, this paper, in the angle of evidence, tries to reduce the possibility of errors, by studying specific wrongful conviction evidence to the wrong factors and learn about the prevention mechanism of"Criminal Cases Excluding Illegal Evidence Regulation of Errors in Evidence". This paper is divided into four parts: Introduction mainly introduces the background and the perspective of this research. Overview defines the connotation of wrongful conviction and the relationship between wrongful evidence and wrongful conviction. Evidence of criminal wrongful conviction, divided into oral evidence and physical evidence, presents wrong use in evidence aspects and wrong- cause factors in SheXianglin case, DuPeiwu case and ZhaoZuohai case. The prevention part of"Elimination Regulations of Illegal Evidence"introduces the background and prevention mechanism. Conclusion pointed out that it is feasible to avoid wrongful conviction in terms of evidence under the direction of the"Elimination Regulations of Illegal Evidence".In the first part of this article, first of all it points out that typical cases such as ZhaoZuoHai case as the he starting point for research, and it also points out that this research method is to analyze the influence of illegal evidence to the wrongful conviction, as the intention of this writing, it is to find the relationship between wrongful conviction and illegal evidence .The second part, first it defines wrongful conviction, that is, the facts of a crime happened, but it does not find out the truth, which reduces that innocents condemnation, but cause the real criminal get rid of the law sanction, then it discusses the evidence is the real important basis of finding the real of the case and the illegal evidence resulted in the happened of the wrongful conviction .The third part, this part introduces the reasons of the occurrence of the grievance from two aspects, the illegal oral evidence and illegal physical evidence. In the illegal words part, it lists the typical errors to criminal suspects and defendants through torture and threats. It points out that because we are influenced by the traditional ideas and put too much emphasis on the importance of oral evidence results, which makes the errors occur. In this part it also introduces the special oral evidence - appraisal conclusion and the use error which caused grievance .In the illegal physical evidence, it points out that the real part of physical evidence of excessive force of superstition, physical evidence recognition error, for physical evidence of the analysis of the scientific and technological means of imperfect, the physical evidence of illegal are the causing reasons of the wrongful conviction.The fourth part, it makes an analysis of the mechanism of the illegal evidence elimination regulations to prevent errors happen. The background of the rulings is that in recent years it happened more than a typical errors, and there are the situation of illegal evidence in these grievance, therefore, it is necessary for our legislation to perfect the relevant legal system, from the angle of illegal evidence elimination prevent errors. This paper discusses the exclusion of illegal evidence rules in the Elimination Regulations of Illegal Evidence, and points out the importance of the rules in prevention grievance happened..The fifth part, it concludes that apply"Elimination Regulations of Illegal Evidence"to the prevention of the wrongful conviction can effectively control it's happen.