Evidence Of "Zhang 's Uncle' S Case In Zhejiang"

In recent years, the occurrence of criminal misjudged cases heavy damage judicial authority. "Zhejiang Nephew Case" as a typical case have great meaning in study misjudged case. In "Zhejiang Nephew Case",the main problems are in investigation phase.It also include the false confession of the defendant and they neglect of material evidence collection and adopt. The investigators put "informant" perjury and make perjury, looking dawn DNA evidence opinions as well as the problems in the follow-up process clear because of three organs help each other. The main reason is that the false confession from the prohibition of torture and forced confession, superstitious forensics concept of oral confession, and ignore the critical roles of material evidence in the case. Processing the weight of evidence is the result of performance appraisal as well as lacking of the rule of law concept.Ignoring the DNA evidence which comes from working ideas of the old science and technology input power imbalance small and minor three authority restriction on match and ignore the supervision and restriction. The key to solve these problems is that judicial authority investigators shall shift working ideas, setting up the judicial idea of presumption of innocence.They should change looking down material evidence but enterprise idea, taking the physical evidence and abide by the concept of procedural justice. It should perfect the related system of evidence, carrying out illegal evidence exclusion rule, improving the system of evidence of certification and improve the standard of evidence.It should increase investment in science and technology strength in the evidence collection. Finally, the public security organs shall shift the investigation organ evaluation mechanism, establish a scientific and effective evaluation mechanism to put an end to the wrongs.Procuratorial organs should strengthen the supervision of the procuratorial organ function at the same time go into the invested station and improve internal supervision system.Court shall establish the judge’s neutral position and accelerate the pace of reformation to maintain the independence of the judicature.At last, three organs should strengthen supervision of all the supervision system.Changing the idea of law and strengthen the idea of evidence as well as the system of evidence. It should do as the law process and improve the quality of the law team.In the same time,to strengthen supervision between the three organs.It only has a perfect law system can prevent the wrongs happening.By this way,it can prevent the happening of the crime in this phase but not in the end of the judicial process to prevent errors occur.It is also the ultimate meaning of "Zhejiang Nephew Case"...