Research On The Measures Of The Misjudged Case On The Stage Of Investigation: The Evidence Perspective

In the study of foreign judicial proof, in the face of the misjudged case that media report,following the program and system design of misjudged cases disposal in foreign, realize morethe lag of subjective initiative, consciousness and logic thinking being not synchronized.When knowing the original intention of legislation and judicial spirit of the program andsystem design of misjudged cases disposal in foreign, back to the domestic misjudged case inthe litigation model.this paper tries to study the investigation stage, the view of the evidence,analysis of evidence in investigation stage, the handling system of the domestic and abroadmisjudged case. We can reshape the identity of proof of the investigation stage, subjective andobjective combination of investigation, constructing the proof structure of the investigation,and make the physical evidence technical get in the between the evidence and the evidencesof structure of the evidence, in order to provide theory support of investigativecountermeasures of the misjudged cases to perfect.In addition to the introduction, this paper is divided into four parts. And there are about34,000words in the paper:The first part is the summary of the misjudged case of the investigation stage. The firstpart is to discriminate the concept between the grievance and the misjudged case, definite theelements of the grievance and the misjudged case, get the concept of misjudged case of theinvestigation stage. On this basis, research the characteristics and classification and therelationship with evidence of the misjudged case of the investigation stage, further elaboratedas the theoretical foundation.The second part is the analysis of the causes of the misjudged case of the investigationstage from the perspective of the evidence. This section is from the two aspects to analyze thecauses, one is sticking to idea and consciousness of the evidence consciousness, on the otherhand, there is the problem of the main structure and the structure of the investigation stage,further strengthen the close link between the evidence and the misjudged case of theinvestigation stage.The third part is to investigate the countermeasures of the misjudged case of theinvestigation stage from the perspective of the evidence the domestic and foreign. Throughthe analysis and application of evidence rules and the disposal of the misjudged case of the investigation stage, from which to discover and absorb the reasonable component, andintroduced the beneficial part in constructing the countermeasure of the misjudged case of theinvestigation stage.The fourth part is the construction of the prevention measures of the misjudged case ofthe investigation stage from the perspective of the evidence.with the comprehensive study andresearch of the domestic and foreign, the real judicial practice process, with reference to thedesign and practice of foreign appeal procedures and the design and practice of preventionand disposal system in Song Dynasty, with the face of the project of the prevention of themisjudged case, we should be focus the stage of investigation, set up” the investigation is thebody of proof”, fusion objective and subjective standard of proof, implement the exclusionaryrules of illegal evidence, constructing the proof structure of the investigation, and make thephysical evidence technical get in the between the evidence and the evidences of structure ofthe evidence. At the same time, with the perfection of criminal prosecution and the statecompensation system and the disciplinary charges system, internal and external force areadded and ensure the criminal procedure and the substantive justice with the mode of vision,benign circulation into the criminal procedure, criminal litigation and litigation purpose andbeing virtuous cycle,guiding towards the direction of the most consistent with the universalvalue.