Analysis And Prevention Of Evidence Factors Of Criminal Misjudgment

At all times and in all over the world,criminal misjudgment has always been an unavoidable problem in criminal justice activities.Criminal wrongful cases will not only infringe upon innocent people’s personal rights and property rights,make the innocent injustice,but also destroy our judicial credibility.The retrial of wrongful criminal cases makes the public question the judicial power of previous criminal cases,which is not conducive to the development of the criminal justice system.Therefore,how to avoid or reduce the generation of criminal miscarriage of justice research is particularly urgent.In this study,through the recent 34 years of China’s criminal case statistics,the existence of evidence problems are count,and the evidence involved in the analysis of factors,trying to explore the corresponding countermeasures,in order to reduce the number of criminal cases to provide reference.This study analyzed and defined the concept and criterion of criminal miscarriage of justice.In order to analyze the criminal misjudged cases that occurrence regularity and reasons,the research used empirical research method,verified on our recent 34 years officially reported 198 cases of criminal misjudged cases,after analysis found that a crime has certain regular,less in economically developed areas,relatively more in economically undeveloped areas.on time distribution,tend of numbers goes up before it goes down.Evidence factor is ubiquitous in criminal misjudged cases,as many as 156 cases(78.8%)in the statistics of criminal misjudged cases,there are different degrees of problems from the collection of evidence in the investigation stage to the assurance of evidence proof standard in the trial stage,from the awareness to the behavior.This study divided the evidence problems involved in criminal error cases into several aspects: incomplete collection of evidence;improper evidence collection procedures;wrong understanding and use of inspection results and appraisal opinions;use of false verbal evidence;unsound storage system of material evidence;unscientificInvestigation,appraisal methods.The main reasons for the above problems in criminal wrongful cases are that the organs of public security,procuratorates and court have weak awareness of evidence,the judicial procedure is not standard and the principle of evidence judgment is not in place during the criminal proceedings.In view of the causes of criminal misjudged cases,we should put forward the corresponding countermeasure,through strengthening the investigation evidence collection personnel training,improve the evidence ability,strengthen the function of procuratorial organs supervise and promote the judicial trial substantial changes,to correct and improve the judicial organs in criminal litigation link errors and deficiencies,the implementation of the criminal procedure and evidence rules,can reduce or even avoid due to a problem which is the evidence of criminal misjudged cases,improve the judicial credibility,realize social justice.