The Legal Thoughts Of Nian Bin Poisoning

The occurrence of misjudged criminal cases is an eternal pain of human criminal justice, from one perspective, progress and growth of China's criminal justice is actually the development history of human rule of law in advance and the twists and turns in the struggle with criminal misjudged cases. With the development of the rule of law, the people's consciousness of the rule of law is constantly enhanced, the trail goal of the criminal justice is to realize fairness and justice, to prevent and reduce the emergence of miscarriages of justice in criminal. Whenever a criminal misjudged cases is shown in the world, it is in fact a self-improvement process on criminal justice, at the same time, it is a damage to the life, human rights, freedom and property of the party, even it is also a test of the fairness and credibility of the criminal justice in our country, the test is easy to cause the public to question the justice and authority of criminal justice in our country. This paper, through the analysis of Nianbin poisoning case in Fujian province in 2006, according to the theory of current criminal procedure law in our country, the aim of the criminal procedure law, and the purpose of the criminal procedure law, protects human rights adhering to people-oriented, so that the judicial justice is embodied in each specific case for the purpose, as to Nianbin case in the judicial practice involved in the handling idea in the investigation stage by the public security organs, the concept of the lack of rule of law in the work of the investigation organ is analyzed from such three aspects as the handling idea of the case that the murder of a public security organ shall solve, investigation idea from confession to evidence, and preconceived one-sided evidence, the evidence identification of the case facts in the examination and prosecution stage by Prosecutors and the application of the presumption of innocence, suspected crimes from unprincipled in adjudicating cases by the court in our country now, the controversial focus and evidence of the prosecuting and defending parties is analyzed in the court verdict, the reasoning of law application is expansively discussed, finally, it is briefly analyzed that whether the behavior of Pingtan county police once again puts Nianbin on record and limits its departure violates the principle of ignoring.