Empirical Research On Material Evidence In Misjudged Criminal Cases

With the disclosure of a series of Criminal Misjudged cases,such as She Xianglin,Du Peiwu and Zhao Zuohai,the verbal evidence and various problems in the acquisition process of confession in China's investigation practice have been exposed.Relatively speaking,the issue of material evidence in these misjudged cases has been neglected intentionally or unintentionally to some extent.From a historical point of view,the traditional way of proof in litigation is based on confession,so in judicial practice,investigators rely heavily on the confession of criminal suspects.Even in order to obtain confession,they resort to torture to extract it.Little do they know that once the confession itself as the base point is "beaten into a recruit",the whole evidence system will collapse.Compared with confession,material evidence is not so easy to be influenced and can reflect the facts of a case more truthfully and reliably.However,material evidence is not as truthful and reliable as people imagine.In criminal justice practice,a series of problems have arisen in the extraction,preservation and application of material evidence.Some material evidence can not reflect the facts of a case correctly and can be realized.The value of proof,on the contrary,distorts the facts of the case,misleads the direction of investigation,and even exacerbates the occurrence of some Criminal Misjudged cases.Under the theme of trial as the center,it is the basic requirement to strictly extract,keep and use material evidence according to law to implement the principle of evidence adjudication.It is also the inevitable trend to keep the bottom line and prevent misjudged criminal cases.Therefore,in order to analyze the causes of material evidence problems in Criminal Misjudged cases,57 Criminal Misjudged Cases involving material evidence are selected as research samples,and empirical research methods are used to analyze the extraction,preservation and application of material evidence.Through analysis,it is found that the imperfection of material evidence system is the key reason for the problems of material evidence.At the same time,in practice,there are many factors that hinder the smooth development of the value of material evidence.In this regard,this paper argues that we can start from three levels of concept,system and technology,and improve them separately,so that material evidence can really play its proof value to thefacts of the case.