Analysis The Evidence Of The Criminal Misjudged Case

The criminal misjudged case is always hard to be completely eliminated, inevitable phenomenon at all times and in all countries. In recent years, more and more of alarming criminal misjudged case had been exposed, such as Du Peiwu case, Yu Xianglin case, Li Jiuming case and so on.Which caused our party and government organs at various levels, judicial authority and news media, experts and scholars, people from all walks of life keen interest and deep reflection.It is greatly damaged the majesty of the law and the prestige and image of the judiciary, undermining social justice, reversing the standard of right and wrong of everyday life, resulting in a tremendous negative impact and adverse effects, with irreparable harm, the harm of the depth and breadth is very significant. Therefore, we need to adopt various methods and measures to prevent and reduce criminal erroneous generation.In this paper, first clear and definite the concepts and determine of criminal misjudged case through analysis the definition and judgement of the criminal misjudged case, not only enable the theorists have clearer understanding about the criminal misjudged case, but is the theoretical basis and logical starting point of research topics of criminal misjudged case. Secondly, this paper conducted an empirical study by 30 classic case of criminal misjudged case. According to the basic facts of the classic case, Analysis the relationship between the generation of the criminal misjudged case and torture, confession, identification, witnesses, record of investigation or examination, certificate standard and other related evidence, the conclusion is that the evidence factor is the main reason leading to the criminal misjudged case. On this basis, this paper proposed to solve the corresponding countermeasures for the erroneous evidence in criminal misjudged case. For example, the concept of some of the current judicial review, the improvement of the rules of evidence, regulating judicial appraisal, the strengthening of the applicable of certificate standard,attention to procedural justice values, establish and improve the attendance of witnesses and the police court system.