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The Prevention Of Wrongful Convictions In Criminal Cases

Posted on:2021-04-11Degree:MasterType:Thesis
Country:ChinaCandidate:R X ChenFull Text:PDF
GTID:2416330611968624Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The prevention and control of wrongful criminal cases is a big part of the main battlefield for comprehensively advancing the rule of law,establishing the system of socialist rule of law with Chinese characteristics,and building the socialist country under the rule of law in the criminal justice.Compared with investigation and prosecution,the trial process display a more prominent role of the correctness than the result.The proof method dominated by"??"and the Chinese proof standard of"beyond reasonable doubt"constituted the method of"objective proof",in which the judge used the common direction of"??"between the"reluctant"evidence ambiguously while in trial,so as to verify the facts of the case.The opinions issued by the supreme people's court on prevention of criminal cases call for emphasis on evidence and investigation in criminal trials.After paying attention to a series of provisions such as the exclusion of illegal evidence and the prevention of extortion by torture,criminal miscarriage of justice still continues to occur.Under the background of judicial reform,in order to provide new ideas for the prevention and treatment of criminal misjudgment I analyzed the case of criminal retrial under the assumption of recognizing the classification of substantial evidence and secondary evidence and standardizing its application.The first part of this paper mainly focuses on the issue and the existing domestic and foreign research,and puts forward the relationship between the use of substantive evidence and auxiliary evidence and the prevention and treatment of misjudgment.The second part defines substantial evidence and secondary evidence,and puts forward the object of proof(the standard object of proof and the discretionary object of proof),the method of proof(the general publicity/justification and normalization of the reasonable inference mode)and the standard of proof(" beyond reasonable doubt ")and the necessity of dividing them.The third part mainly introduces the causes of the use of evidence in criminal wrongful cases through case analysis: there is no correct distinction between substantial evidence and secondary evidence and there is no correct use of substantial evidence and secondary evidence.In the fourth part,the reasons for the amendment of criminal cases are connected with the problems existing in the evidence itself and the problems arising from the application of the evidence,and the influence of substantial evidence and secondary evidence on the amendment of cases is introduced.In the fifth part,200 criminal amendment cases in 2019 and the analysis of three typical cases proved that the correct use of substantial evidence and secondary evidence can prevent the occurrence of some criminal misjudgments to a certain extent.The sixth part demonstrates how substantial evidence and secondary evidence division theory help the governance of wrongful cases,I put forward several Suggestions on the construction of the system as well.
Keywords/Search Tags:wrong criminal case, substantial evidence, auxiliary evidence
PDF Full Text Request
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