Research On The Prevention Of Criminal Misjudged Cases From The Perspective Of Evidence

The Criminal Misjudged Case is always accompanied by the development of the judicial system, bringing irreparable damage to the innocent people. In recent years, with the criminal misjudged cases of Peiwu Du, Xianglin She gradually disclosed by the media, deeper studying of the criminal misjudged cases prevention has pressing practical significance to the protection of human rights, safeguard judicial justice, achieve social fairness and justice. Based on the analysis of many criminal misjudged cases, starting from the typical case which select from those misjudged cases, the paper analysis the main evidence factors of criminal misjudged cases, including the inquisition by torture, the false testimony of witnesses, the wrong expert opinion, the inspection and examination error and so on. In-depth studying of theory and practice on this basis, we can know that to prevent the criminal misjudged cases first need to insist on the principle of human rights protection, evidentiary adjudication and presumption of innocence. Secondly, we need to complete and perfect the national conditions of the illegal evidence exclusion rules, the hearsay rules, the judicial expertise system and the inspection and examination system. Especially to establish a comprehensive system of illegal evidence exclusion system is the last step to prevent the appearance of misjudged criminal cases in evidence field. Although our criminal evidence system still exists many defects and deficiencies at present, with in-depth studying on the aspects of theory and practice of criminal misjudged cases from the perspective of evidence, constantly improving and perfecting our criminal evidence system, I believe that our country will be able to maximum reduce or even avoid the occurrence of misjudged criminal cases eventually.