To Prevent The Criminal Evidence Review Mode And Miscarriages Of Justice

From the China ancient "Dou E yuan" to today’s "She Xianglin case", always accompanied by the Criminal Misjudged Case in the criminal justice system. Although the judiciary also constantly trying to trying to improve and develop the criminal justice system. But it seems that as long as there is trial, Criminal Misjudged Case is possible. Because the purpose of the judicial trial is to restore and reproduce the fact that the truth has occurred, and that the purpose of the judicial trial is lagging behind the shackles, in this stage is not possible to achieve complete. Criminal Misjudged Cases of violations to the suspect, the defendant’s legitimate rights and interests and even the right to life at the same time, also can make people’s sense of security and trust in the judicial reduce, the dignity and authority of the judiciary also will be challenged. Compared with the crime, the wrong decision is more difficult for people to accept, the crime is the individual’s personal injury, and the wrong decision is a huge national compulsory force for the individual rights of the rolling, so that innocent people received the penalty. From this sense said, misjudged criminal cases of judicial and public credibility of the judiciary of the negative impact and losses is unable to estimate.Are safeguards litigant’s legitimate rights and interests of the Criminal Misjudged Case is impossible to avoid, but by the inquiry, by constructing a good preventive mechanism, through the improvement of relevant laws and regulations can as far as possible to reduce the incidence of the misjudged criminal case, in order to safeguard the judicial dignity. Cause there are many reasons for the occurrence of the wrong, such as confession is not real, witness the mistakes, investigation policy, not negative, judicial personnel and judicial evidence errors and adverse counsel, with inmates, informants, and so on. Although the Criminal Misjudged Case for many reasons, but in the factors causing the Criminal Misjudged Case, "evidence" is the core factors. Evidence is the basis of the judicial trial, judicial personnel through evidence to understand the facts of the case to clarify the facts, if out of the evidence, people will lose the case of the fact that the case has occurred or the channel and the possibility of the dispute. It can also be said that evidence is the basis for people to correctly identify the facts of the case. However, in the analysis of many cases, it is not difficult to find there is evidence of a role in the genesis of these cases in. In the cases we shouldn’t blame the evidence itself, because the evidence does not own to realize the function of proving the facts of the case, but only by the people through the evidence examination and judgment to identify the facts of the dispute and the facts of the case. Therefore, in order to prevent the Criminal Misjudged Case, it is first necessary to build reasonable evidence review. Therefore, China in 2012 in the criminal procedure law correction case of the rules of evidence has further improved, to collect evidence, examine and judge proposed a more standardized, more stringent requirements. And combined with the practical in our province, this year also occurred in the two by a suspended death sentence commuted innocence of the criminal cases, the reason for the occurrence of by a suspended death sentence commuted innocence of the case, and the case itself also with judicial review of the evidence mode change has a close relationship. Therefore, we will focus on the relationship between Criminal Misjudged Case and review the evidence.