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Research On The Evidence Of Criminal Injustice

Posted on:2020-02-18Degree:MasterType:Thesis
Country:ChinaCandidate:S J LeiFull Text:PDF
GTID:2416330590984115Subject:legal
Abstract/Summary:PDF Full Text Request
Evidence is the most basic way to outline the facts of the case.As long as there is a problem in the process of collecting,transferring,and forming the evidence chain,the case will be easily lead to criminal defamation.it is found that the vast majority of criminal cases are caused by problems.Through the analysis of 20 defamation cases that have been corrected in recent years,it is found that in the process of evidence collection,the investigators extorted confessions from the suspects,inducement,even false evidence,the lack of attention to the evidence collection process,the neglect of the evidence of innocence and the misuse of the identification of opinions have planted a curse for the occurrence of the case;in the process of reviewing the evidence,some prosecution agencies for the investigation agency The evidence of the case transferred has not been reviewed for comprehensiveness and legality.The rate of non-receipt and non-prosecution is extremely low.During the court hearing,the witness appearance rate is extremely low,the authenticity of the witness testimony cannot be accurately judged,and the judge's evidence in the comprehensive case In the process,the adoption of evidence and the adoption of evidence cannot meet the criteria of conviction and sentencing.The evidence cannot be mutually verified,and a complete chain of evidence cannot be formed.The concept of criminal litigation without criminal suspicion has not been implemented;the evidence after the judgment is not properly kept.According to the above-mentioned problems,combined with the reality of our country,it is proposed to record and record the whole process when interrogating the investigating organs;set up specialized medical institutions to conduct irregular physical examinations of criminal suspects in custody;improve the procedures for collecting evidence,adopt high precision The method of DNA identification,and the selection of the appraisers,to improve the accuracy of the appraisal opinions;enhance the prosecutorial authority to review the legality and comprehensiveness of the evidence,listen to the opinions of the defense lawyers,and pay attention to the evidence of innocence and crime;The safety of witnesses and their relatives,improve the rate of witness appearances;judges can make judgments in the case of evidence-based evidence,forming a complete chain of evidence,in the case of insufficient evidence or doubts of the case,based on the principle of doubt Innocent judgment;establish a sound evidence preservation system and other perfect suggestions.Figure 3;Table 6;References 41.
Keywords/Search Tags:criminal defamation case, evidence custody system, evidence of innocence, appraisal opinion
PDF Full Text Request
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