Research On The Evidence Of The "Chen Man Case"

At present,the miscarriage of justice occur frequently,the study of the reasons of the wrong case is of great significance for the prevention and rectification of it.Chen Man is the longest known domestic prisoners who died in the prison,from the end of 1992 when he was arrested at the beginning of 2016 when he was released and this process is as long as a total of 23 years."Chen Man case" experiences a long appealing process,ultimately,because the original referee are the reality is unclear,lack of evidence,leading to the referee was corrected.As a typical case of miscarriage of justice,"Chen Man case" is of great significance for the study of the evidence problem and cause of criminal misjudgment."Chen Man case" of the evidence,including Chen Man's guilty confession of instability repeatedly is turned over,and confession contradictions can not confirm with other evidences;evidence in the first scene fails to the court testimony and inspection report who can not prove that Chen Man has committed the crime.The evidence of the problem is due to the existence of traditional oral centrism and guilty presumption of ideas;lack of physical evidence custody system,physical evidence of custody chaos and evidence of the supervision and supervision system is imperfect;public security and judicial organs vulnerable to the pressure of public opinion and in the trial and ignore the role of defense counsel.To solve the problems above we should change the wrong concept of justice,weaken the role of confession,carry out the crime from the principle;at the same time improve the system defects,the establishment of physical evidence custody system,improve the evidence review system;design a reasonable evaluation mechanism,weaken the impact of public opinion on the judiciary.Only from the concept and system on the multi-pronged approach,we will deal with external factors on the impact of litigation in order to ensure the evidence is sufficient to correctly identify and adapt to the law to prevent the occurrence of miscarriage of justice.