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An Analysis Of The Evidence Concerning Wrong Criminal Cases

Posted on:2016-12-16Degree:MasterType:Thesis
Country:ChinaCandidate:P ZhangFull Text:PDF
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The wrong criminal cases are inevitable all over the word from ancient till now. They will also exist in a country which is rule of law. We need to analyze the causes of the wrong criminal cases to decrease the amount of wrong criminal cases. The reasons leading to wrong criminal cases are different, for example, the judicial officers lack the professional knowledge and the judicial system is not perfect and so on. In all of the reasons, the evidence is the key factor.My paper will start from the perspective of empirical research. By comparison with other concepts, the concept of criminal wrong case is defined. Under the concept I determined the scope of the wrong criminal cases. According to case studies to find reasons leading to the wrong criminal cases, I make a theoretical study of the relationship between evidences and material evidence, testimony, admissions, victim statement, expert opinion and audiovisual materials on the base of new criminal procedure law. At last, I put forward some advices about improving the evidence rules and judicial ideas. When we deal with criminal cases we should safeguard human rights as the center, and persevere in presumption of innocence. Under the principle of evidentiary adjudication we should beyond a reasonable doubt to the cases. We would rather indulge a villain than wrong an innocent person. The evidence collection system and judicial expertise system and witness system should be improved. Besides the lawyer should be endowed enough rights to defense to prevent investigation personnel extorting a confession by torture at the pressure.
Keywords/Search Tags:The wrong criminal case, Presumption of innocence, Exclusionary rule against illegally obtained evidence, Hearsay rule, Beyond a reasonable doubt
PDF Full Text Request
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