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Research Evidence Of Misjudged Criminal Cases

Posted on:2015-06-01Degree:MasterType:Thesis
Country:ChinaCandidate:S ChengFull Text:PDF
GTID:2296330431492098Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, with more and more of our Criminal Misjudged Case is reported,such as Zhang’s nephew, Zhao Zuohai case, Du Peiwu case, She Xianglin case and soon, has caused widespread concern from all walks of life. The Criminal MisjudgedCase in criminals, greatly damaged the dignity of law and the judicial organ’s prestigeand image, has seriously affected the realization of judicial justice, undermines socialjustice, confused is non, upside down in black and white, had a tremendous negativeimpact and consequences. So we need to analysis our country criminal misjudgedcase problems, and proposes some countermeasures to solve the correspondingproblems, to prevent and reduce the occurrence of misjudged criminal cases.This paper uses the method of empirical research, empirical research evidence onour recent several years of20typical misjudged criminal cases, mainly theexclusionary rule of illegal evidence in the legislation of our country is not perfect,low ratio of witness appearing in court and the judicial system is not perfect and otherevidence, but I think the evidence problems, our country about the exclusionary ruleof the imperfection of legislation is the most important, leading to the implementationof the rules or lawlessness, or lack of clear guidelines and practices vary, in judicialpractice, the rules do not have the maneuverability, the exclusion of illegal evidence isnot excluded, resulting in a series of the Criminal Misjudged case. Because of thelimited space, we only produce of misjudged criminal cases directly, the mainproblems of the evidence--Analysis on China’s illegal evidence exclusion rules existin current legislation, and put forward legislative suggestions on perfecting theexclusionary rules of illegal evidence of our country, and establish our country aboutthe illegal evidence exclusion rules related supporting measures, make the rule injudicial practice operable illegal evidence in our country, to reduce or avoid theoccurrence of a series of misjudged criminal cases caused by reason of theexclusionary rule of illegal evidence, to the full protection of the crime suspect,accused person’s legitimate rights and interests are not infringed upon.
Keywords/Search Tags:criminal misjudged case, an empirical study, evidence, the exclusionary rule of illegally obtained evidence
PDF Full Text Request
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