An Empirical Analysis Of Criminal Innocent Conviction

The low rate of innocent verdict in China is a hot topic for discussion.Many scholars analyze hundreds of cases from the perspective of system level,domestic and foreign comparisons,as well as research and research,in order to find the reasons and solutions for the low rate of innocent verdict and frequent occurrence of wrong cases.Previous scholars have had a large number of research bases.Through the way of induction and summary,combined with the method of comparison and empirical case analysis,they studied and analyzed the specific cases of acquittal,concluded the key points in China's criminal case trials,and gave their own Suggestions.This paper is divided into four parts.The first part is a brief explanation of the concept of innocent verdict and guilty verdict,development status and social background in recent years.The second part mainly summarizes the source of case samples and sample composition,classifies and summarizes the characteristics of samples,and lists 25 samples for specific empirical analysis.The third part is the analysis of the reasons for acquittal,starting from subjective factors and objective factors,in which the subjective factors are analyzed from the perspectives of public security organs,procuratorial organs and private prosecutors,and the objective factors are analyzed from the three levels of evidence chain,crime constitution and accurate application of law,and combined with specific cases.The fourth part mainly puts forward suggestions from the aspects of " trial-centered"," principle of evidence judgment"," judge's ability to identify evidence" and " quality of evidence".This article writing mentality comprehensive analysis from various angles,rather than the one-sided emphasis on the importance of some aspects,objectively treat acquittal rate is low in our country the status quo,to list the acquittal and how to form in our country,summarized by means of the analysis more judicial experience,to safeguard the rightsand interests of the parties in the criminal lawsuit of our country real provide some thinking and reference.In recent 10 years,growing criminal wrongs to the judicial organ has brought the serious crisis of confidence,especially the cases tend to be opinion hotspot,it is not only the individual misfortune,is also a major blow against society,which would result in grave damage to the judicial authority,also makes the judicial fairness and justice.Because the judiciary is the last line of defense for social justice and the facts of the case have occurred,it is difficult for the judiciary to fully recognize the facts in the limited evidence materials.Therefore,this paper starts with the analysis of innocent verdict,and draws effective Suggestions from the actual criminal cases as much as possible,which is of certain practical and theoretical significance for the research in China's criminal justice circle.