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Errors Of The Factual Finding In Criminal Case And Their Prevention

Posted on:2011-07-17Degree:MasterType:Thesis
Country:ChinaCandidate:X H ZhuoFull Text:PDF
GTID:2166360305981542Subject:Code of Criminal Procedure
Abstract/Summary:PDF Full Text Request
Factual findings in criminal cases, the error led to a lot of erroneous occurrence of procedural law studies to become a serious topic. How the evaluation of these errors, how it happened, how can we actively avoid these errors, examine these issues will be of direct relevance to the practice. Factual findings on the impact of error is that the basic facts of conviction and sentencing errors identified, resulting in conviction, the sentencing error. Factual findings of this study the error in the "facts" only limited to the substantive law elements constitute a crime, the fact that the error identified. May be due to the ambiguity of the objective reality in itself is ambiguous state, the judge can not be clearly distinguished by the judge to form the wrong finalized, there is no such practice, but, and the existing system of supervision over law enforcement in the "wrong case" different, and judges in the exercise of his powers in handling cases of intentional or gross negligence caused by error of fact the case, or in handling cases of violation of due process in cases caused by processing errors are different, and will not be held criminally responsible because of erroneous cases.Analyze factual findings cause of the error is to study the most important prerequisite for preventive measures. China's inadequate legal mechanisms and the legal practice is taking shape error caused by the fact that identified the reasons for a macro. The trial taking shape organizational system, the contractor's system, the trial judge makes the Full Court of the single-oriented system of people's jurors did not play the role of the Judicial Committee of judgments without trial. A low degree of specialization of judges, some of them not subject to professional training, business is comparatively low, lack of experience and so may lead to the fact that the error found. No real trial, resulting in the referee are difficult to identify the facts of the case through the court, Marking to become the primary means of identifying facts of the case. Unilateral Marking, the lack of substantive participation of both parties, the lack of external constraints, are not conducive to overcome the case, the impact of external factors, it is difficult to correct the bias of judges, to form the Fact-Finding errors. Coupled with imperfections in the evidence system to detect evidence of direct access to the trial process, and prosecutors at various levels by the public security screening, selection of evidence against the suspects, there is no exclusion of illegal evidence to establish the procedures and burden of proof is based on factual findings led to an error.Finally, to establish the factual findings,to prevent erroneous ideas and build countermeasures system. Improve the system of the Judicial Committee of referees and judges in cases of personnel management system, establish a scientific evaluation system for the trial to ensure the judge's job security. While increasing the threshold for the judge to strengthen the training of judges to practice and train a group of high-quality judges are. To strengthen in real terms of the trial and implement all the case files of the transfer system, ways of proceeding to make major reforms. To ensure the realization of the right to counsel in the review of the indictment stage for disclosure to the lawyers, indeed implement the lawyers for the meeting, communication, investigation and evidence collection, such as the right to read files into the new "Law Law" implement. The objective to strengthen the obligation of judges in the trial of cases in the appropriate tilt of criminal suspects, criminal suspects to give the defense more opportunities, to avoid the prosecution made a dominant situation. During the trial to establish "beyond reasonable doubt" standard of proof, strict burden of proof the prosecution, clearly the burden of proof from the prosecution evidence that the legality of the responsibility, particularly in relation to the time of the illegal evidence.
Keywords/Search Tags:Facts, Errors of Factual Finding, The Trial Structure, Illegal Evidence Exclusion
PDF Full Text Request
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