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Using Indirect Evidence To Find The Facts Of Criminal Cases

Posted on:2020-04-10Degree:MasterType:Thesis
Country:ChinaCandidate:C LiuFull Text:PDF
GTID:2416330620457278Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Nowadays,the forms of social crime are becoming more and more complicated,the secret of crime is increasing sharply,the difficulty of obtaining direct evidence is increasing,and the direct evidence in the early days of China is too much,and the excessive pursuit of the collection of criminal suspects leads to the phenomenon of extorting a confession by torture.The occurrence of a series of false and wrong cases.This article starts with cases with only indirect evidence and analyzes the increasingly important types of cases with indirect evidence,in order to achieve a more comprehensive analysis of criminal cases with only indirect evidence.Thus,the fact-finding process for criminal cases with only indirect evidence is clearer.Through a comprehensive analysis of the criminal cases with only indirect evidence and the current development of China's current scientific and technological level,this paper mainly finds the following three problems: First,the failure to use scientific evidence reasonably can not be timely and only has indirect evidence.The facts of the case are judged relatively reasonably.Secondly,there are major difficulties in searching for the same type of cases that need to be consulted.In turn,it may lead to the conclusion that the case of similarity cannot be unified.Third,the analysis of the evidence chain of indirect evidence is too simple to clearly show the relationship between the evidences.For the above problems,three corresponding solutions are proposed.First of all,more rational use of scientific and technological evidence,paying sufficient attention to scientific and technological evidence in the process of case identification,and drawing on the experience of using scientific and technological evidence at home and abroad to make scientific evidence a better case in the case of facts with only indirect evidence.Secondly,for the problem of failing to achieve the reference of similar cases,it is solved through legal evidence,and through the introduction of evidence,the similar case retrieval and formation data are returned.The database forms a virtuous circle.Finally,for the clearing of the evidence chain,the improved version of Wigmore graphics,the improved version of Wigmore graphics is a highly scientific graphical analysis method,while also helping to visualize the content of the evidence chain,The judge conducts a complete analysis of all the evidence to avoid the lack of evidence information.
Keywords/Search Tags:indirect evidence, fact-finding, evidence-based law, improved version of Wigmore graphics, scientific and technological evidence
PDF Full Text Request
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