Legal Analysis Of Nian Bin Criminal Case Judgments

In judicial practice, there are often some criminal difficult cases. If the criminal difficult cases are handled improperly, they can easily evolve into the miscarriages of justice. Based on the analysis of problems and causes of these criminal difficult cases, to propose some ideas about how to security criminal difficult cases get a reasonable scientific process, have important practical significance to build a Legal Country.Theory comes from practice. Analyzing these real difficult cases is an effective way to study the subject. The study based on Nian Bin case is of great significance. After reviewed the whole case by the evidence, and listened carefully to the views of two sides between the prosecution and defenses, in the absence of �murderers appeared� or �the return of the Dead�, the court directly found the defendant is not guilty. In this paper, Nian Bin case is studied as a sample case. First,this paper introduces the case description in detail, the proceedings and the court verdict, and the case of prosecution and defense of the case. Then through the study of cases and evidence applicable procedural issues, this case reflects the presence of judicial practice credence to confessions, expert opinions and other evidence applicability issues, and evidence of non-standard problems, weak prosecutorial oversight and other issues, and thus analysis the reason why principle of suspecting a crime without being accused is difficult to be followed. Finally this paper puts forward its own thinking on how to implement the principle of suspecting a crime without being accused, and security criminal difficult cases get a reasonable scientific process. that is, to take measures to improve the quality and capacity of the judiciary, improve the system, to promote its judicial philosophy and other aspects. This article aims to analyze the typical cases in order to guide practice, effectively prevent and reduce the incidence of miscarriages of justice.