The Formation And Avoidance Of Wrong Cases

The jurisprudence and the criminal procedure law establish the spirit of justice and the ideological basis of the correct exercise of the law.However,in the 1990 s,the law on the exclusion of illegal evidence is vague and even absent in China.This paper takes the case of " exhale graph" as the breakthrough,draws out the full text through the focus of the " exhale" controversy,explains the process of the formation of misjudged cases,and analyzes the causes of the formation of misjudged cases carefully,and then puts forward the countermeasures to avoid wrong cases.The full text is divided into five parts: the first part is the introduction of the article,explaining the background of the thesis,literature review and the source of the case.The second to the fourth part is the text of this article.The second part,through the analysis of the case of " exhale ",obtains the reasons of the " exhale " case,that is,extortion of confession by torture,lack of evidence,and the court's failure to effectively restrict each other.The third part and the fourth part are the main part of the thesis,summarizes the causes of the formation of misjudged cases,respectively discusses the ideological and practical reasons for the formation of misjudged cases,and then puts forward six countermeasures to avoid wrong cases: changing the concept of handling cases and law enforcement;Using science and technology and big data to widen the investigation means and innovate the investigation mode;Strictly prohibit illegal taking of evidence,adhere to the rules of evidence;Strengthening and perfecting the mechanism of investigation supervision;Strengthening the guarantee of judicial justice;Establish a scientific and reasonable evaluation system and accountability system.The fourth part is the summary of this paper,finally,on the basis of the overall content of the paper,put forward the vision of the legal progress of our country and the career expectations of judicial staff.