Legal Analysis Of The Case Of Intentional Homicide In Chen Moumou

In recent years,there have been a number of unjust or wrong cases in China,which take wide attention from the whole society.Those unjust or wrong cases has caused serious consequences.Firstly,the detainees suffered a great loss,not only in material but also in mental anguish.Secondly,the cases have done great harm to the improvement of the credibility of our judicature.The words,such as“black judge”,“ judge must repays with his life”,“judge kills human life”and other words became popular in networks.People focus on How to prevent and correct unjust cases and wrong cases.This thesis takes Chen Qinqin's case as perspective,studies and analyzes the points and the doubts in the case,to find that the exclusionary rule has great importance to protect the legitimate interests of the defendant and impartial justice.Combining with judicial practice in China and introducing foreign rules of illegal evidence exclusion,The thesis also discusses the standard and duty of illegal evidence exclusion.At the same time,it points out that the current situation and questions concerning illegal evidence exclusion.To deal with the problem,we must establish and follow evidence referee principle,identify it and get rid of in time.At last,the thesis gives some advice on legislation and judicature.