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Cause Analysis Of The Context Of Evidence Law Of Criminal Misjudged Cases

Posted on:2017-09-07Degree:MasterType:Thesis
Country:ChinaCandidate:L Y WangFull Text:PDF
GTID:2336330488472121Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In our country,there are many causes of criminal misjudged cases of subjective and objective factors,it comes to matters of evidence,and lead to a crime.Evidence in criminal cases,as the case,the objective basis of handling cases,its importance is self-evident.For every criminal case,starting from the investigation evidence collection to the end of the trial,a judge is essential to every link of the judicial proof process throughout and evidence of content.If the criminal evidence itself once appear,problem or criminal proof procedure appear mistake,can easily lead to the occurrence of criminal misjudged cases.Evidence of criminal justice,therefore,the grasp of the content and the use of criminal judicial proof procedure and criminal cases is closely related to the final processing result.This article from the perspective of evidence law,the system of investigation on the causes of criminal misjudged cases,intended to deal with criminal case filing,investigation,arrest,prosecution,trial,each link from a crime and the basic theory of evidence,criminal misjudged cases and evidence theory,crime and punishment legal proof of these a few respects,make a comprehensive analysis of the causes of criminal misjudged cases and research.This paper focuses on analyzing the basic theories of litigation proof,types of criminal lawsuit evidence,criminal litigation proof standard,and the burden of proof of criminal litigation,objective evidence,to analyze relative problems,more scientific and more effective to discover the cause of the crime occurred.So to analyze the perspective of evidence,research of criminal misjudged cases has more theory helps,scientific nature and rationality,can more fully and completely to criminal misjudged cases thoroughly studied,accurately find the cause of the crime occurred and real problems,and targeted to solve the problem.Through the study found that the formation of criminal misjudged cases appears to be in the applicable law,as a matter of fact,but its essence is related to the judicial personnel to ignore to the criminal judicial procedure and ignored,excessive pursuit,blind recognition results caused by the case.Purposefully to improve related program consciousness,standardize the operation of judicial personnel,especially the specification in the criminal case involved in evidence collection and utilization,links such as the operation process is to reduce crime happen more effective.The cause of the crime in the evidence law Angle of view to conduct a comprehensive analysis and study,will be more conducive to science,system,and objectively in order to further build a crime prevention mechanism and relief mechanism.
Keywords/Search Tags:Criminal justice misjudged case, Evidence law, Reasons causing
PDF Full Text Request
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