| Misjudged cases exist in all countries and through all times.In recent years,a series of misjudged criminal cases have been exposed in China,causing painful repercussions.The root causes of these “wrong cases” have always been attributed to the torture and extortion for confessions in investigation,and the defects in China’s judicial system.Existing discussions are more "institutional",instead of being "practically technological".However,tortures can only lead to the confession of the criminal suspects,failing to produce further evidences.Despite of the defects in China’s criminal justice system,the rule is still followed,that "A crime cannot be identified with only the confession of the criminal suspect”.Therefore,a wrongful case comes into being not just because of the extortion for confession.This paper believes that,technically,"wrong cases" result from the systematically constructing process,with two types of patterns in practice---false statements and fake evidences.The first part of the article is a detailed introduction of the case of Nie Shubin,pointing out the three problems in the investigation process: a wrong identification of the suspect,an illegal obtaining of the confession and a doubtful gaining of evidence.The second part of the paper includes three more cases to show that such problems are not uncommon and the writer further probes into the causes of the three problems.Countermeasures and precautions have been put forward in the third part of the thesis,for a hope that problems in the investigation process will be avoided,and the occurrence of criminal misjudged cases will be curbed.Practical significance of this paper is desired by the writer to prevent misjudged cases in the investigation stage for a more scientific and more reasonable system. |
