On The Improvement Of Review Mode Of Objective Evidence In China

The occurrence of miscarriages of justice and the difficulty of correcting them are the greatest irony of fairness and justice.For this reason,from the perspective of evidence review mode,this paper probes into a series of miscarriages of justice corrected in recent years,such as "Nie Shubin Case" and "Hugjiltu Case",and finds that Chinese judicial authorities rely too much on confession and other subjective evidence for a long time.Though collecting,reviewing and using other evidence around subjective evidence,they examine the evidence of whole case and identify the case facts based on subjective evidence,thus forming the review mode of subjective evidence.The review mode of subjective evidence overemphasizes the role of subjective evidence in the evidence review,which is the reason why the extortion of confession by torture is never stopped.In the evidence system centered on subjective evidence,once the subjective evidence as the starting point of evidence collection and review application center is excluded due to withdrawal of confession or illegal evidence,the evidence system as the basis of identification and judgment of case facts will collapse and cause false fact identification,thus causing the miscarriage of justice.In order to make correct fact identification and prevent the occurrence of miscarriages of justice,the criminal procedure requires a more rigorous,standardized and scientific mode of evidence review.The review mode of objective evidence is based on the objective evidence,and it emphasizes the review and use of objective evidence,abandons the instability of subjective evidence and restores the case facts under the evidence system with the objective evidence as core.Therefore,the construction of the review mode of objective evidence in China is of great significance for the prevention and correction of miscarriages of justice.Under the background of the "trial-centered" litigation system reform,and from the perspective of establishing the express right of silence,perfecting the procedures for excluding illegally obtained evidence,strengthening the function of procuratorial supervision and setting up the using rules of objective evidence,this paper puts forward the assumption of improving the review mode of objective evidence in China,which conforms to the development trend of modern evidence system for criminal proceedings,gives full play to the protection function of legal interest and protection function of human rights of criminal law,effectively prevents miscarriages of justice,and safeguards social fairness and justice.In addition to the introduction and conclusion,this paper comprises four chapters:Chapter One introduces a typical misjudged case and analyzes the reasons why it’s wrongly judged,thus inspiring widespread concerns about the issue of traditional evidence review method in China.Chapter Two mainly explores the disadvantages of Chinese evidence review method and the inevitability of misjudged cases,and then demonstrates the necessity of changing the evidence review method.Chapter Three expounds and proves that the objective evidence review mode meets the development demand of Chinese criminal proceedings,and it can effectively prevent miscarriages of justice,promote the public credibility of the judiciary,and has both theoretical and realistic feasibility.Chapter Four Starting with the problems of the review mode of subjective evidence,puts forward the idea of improving the review mode of objective evidence,and discussed the basis and concrete measures of the system from the application rules and supporting system of evidence review.