Font Size: a A A

From The Perspective Of Strict Evidence System, This Paper Explores The Preventive Countermeasures Of Criminal Misjudged Cases In China

Posted on:2017-06-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y ChenFull Text:PDF
GTID:2356330512472424Subject:Criminal proceedings
Abstract/Summary:PDF Full Text Request
Criminal Misjudged Case refers to the wrong adjudication due to criminal judicial investigators' erroneous identification of the case facts,law application,or the violation of the proceedings,which damages the justice.The Criminal Misjudged Case mainly springs of three elements:the errors of identification of case facts,law application,legal proceedings,which comprehensively consists of the three standards of misjudged criminal cases.Indeed,the misjudged criminal case is never a purely theoretical problem,it is a practical problem,especially considering that the causes and prevention of misjudged criminal cases has been hot issues of concern of criminal judicial practice.Objectively speaking,the Criminal Misjudged Case occurs for many reasons,and this paper mainly does an empirical analyses of typical misjudged criminal case of recent 10 years in China from the source of evidence,finding that the evidence causes of Criminal Misjudged Case includ:illegal evidence through torturing and etc.,adjudication by single evidence,judicial identification error,field exploration errors,ignorance of innocence evidence,weakening the defense function,hard appearing of witness in court,false testimony,not strictly in accordance with the proof standard to cognize the fact of case,and so on.Rationally,the existence of the above evidence problems are closely related to relatively weak evidence concept of our country,partly deletions of the rules of evidence,imperfect evidence system,relatively unscientific proof standards.Therefore,in order to avoid and prevent the causes of China's Criminal Misjudged Cases,the judicial staff in our country should fully implement the principle of evidentiary adjudication,establishing a "not an innocent man" concept.Our country should build the rules of the exclusion of illegal proof,implement the confession and the rules of corroboration,supporting the hearsay rule complete illegal evidence;should protect the lawyers' rights and regulate the practice of the security defense function of the defense lawyer;should establish the key evidence for identification,the judicial authentication procedure,implement the identification of personnel to testify in court,the judicial authentication effect;should scientificly optimization of our country's criminal proof standards,enhance operability,establish a stage of the criminal proof standard system.Through these efforts,we will effectively prevent and reduce the occurrence of misjudged criminal cases.This paper is divided into three parts.The first part is the basic definition of Criminal Misjudged cases.This part first from the concept of Criminal Misjudged Case of introduction and analysis of the definition of misjudged criminal cases of our system and our theoretical level and the identification standards of Criminal Misjudged Case were combing the analysis of,and strive to more accurate grasp of the misjudged criminal case essence.The second part is the analysis of the causes for evidence of misjudged criminal cases.The direct selection in China in recent years of 10 typical misjudged criminal cases,the Criminal Misjudged Case typical samples are introduced,and then from the concept of evidence,rules of evidence,evidence system,prove standards of evidence in the wrong Criminal Misjudged Cases in China.The third part is the exploration for prevention of misjudged criminal cases.This part from our criminal judicial practice,the status quo of actively learn from foreign effective experience and practice from the updated criminal judicial idea,perfect proof rule system,security defense function play,norms of judicial identification potency,optimize the proof standard of our country prevention approach of misjudged criminal cases are explored.
Keywords/Search Tags:Criminal Misjudged Case, The Origin of evidence, Sample analysis, Rules of evidence, Standard of proof
PDF Full Text Request
Related items