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Research On Criminal Verbal Evidence From The Perspective Of Misjudged Cases

Posted on:2021-05-05Degree:MasterType:Thesis
Country:ChinaCandidate:X ChenFull Text:PDF
GTID:2416330647454202Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Criminal misconduct is the “ghost” that plagues the criminal justice systems of various countries,and often there are errors in the facts.Evidence is needed to find facts.Compared with the stability and objectivity of physical evidence,verbal evidence can reflect facts comprehensively and dynamically,but its subjectivity is often criticized.Due to the excessive reliance on confession and case files by criminal judges in China,it is difficult to exclude illegal speech evidence,which leads to criminal misconduct.The identification of facts depends on evidence,but the connection between evidence and facts is not obvious.How to construct a “true” and "acceptable" fact through evidence has become a basic issue in the study of evidence law.Verbal evidence is one of the important types of evidence.It is worth investigating what happened to the wrong criminal case and what role it played in determining the fact.The first part of the article examines criminal wrong cases from the perspective of the law of evidence,discusses the definition of criminal wrong cases,and considers the connection between evidence and facts.Traditional evidence theory pursues absolute rationality,and it is difficult to integrate the gap between evidence and fact.Therefore,facts need to be constructed from a logical level and a narrative level.Verbal evidence is peculiar in this model of fact construction.It is unstable and arbitrary and can prove the main facts of the case directly,so it needs the help of other evidence.At the same time,verbal evidence is used as a narrative situation to persuade others in the process of cross-examination.The judge can also rule out reasonable doubt and determine the truth of the fact.The second part of the article selects 35 criminal wrong cases,analyzes the evidence issues,and finds that false speech evidence in our criminal wrong cases accounts for a large proportion,from high to low are false statements,scientific evidence errors,and testimony errors,but these errors were not discovered during the trial.In fact,verbal evidence is a very dangerous type of evidence,which is highly relevant to criminal wrongdoing.During the fixed period of collection,the police often collected verbal evidence by illegal means.The production of the dossier was very rough and the random records were modified.At the trial stage of the court,the illegal verbal evidence could not be ruled out.Due to the focus on reviewing the dossier,it was difficult for the defense to refute the claims of the prosecution witness,and it was impossible to find that there was a false possibility of the corroboration between the statement and other evidence.Therefore,there are two reasons for “he wrong”case: on the one hand,distorted verbal evidence is "produced";on the other hand,the formal examination mode cannot find errors.The third part of the article uses the multidisciplinary knowledge of psychology,linguistics,logic and other knowledge to analyze the characteristics of verbal evidence in the two stages of formation and expression,and reveals why its errors occur.Verbal evidence depends on individual experience or knowledge.The formation process of the evidence requires perception,memory,and case information transmission through individual statements.The subject's perception and memory of case information are greatly affected by individual influences.In particular,the characteristics of memory,such as preference,forgetfulness,and constructivity,are easily changed by external interference.At the stage of expression,due to the unequal status between speakers and listeners,the distribution of speech resources is uneven.Persuading others or guiding others to change to what they want by means of topic domination,preset implantation,and turn change,and the closed physical environment,forced psychological environment,and prejudiced social environment can also lead to false word evidence..Finally,the case file cannot fully record the dialogue scene,and its production is under the responsibility of the police,which is difficult to record fairly.Therefore,video recording is necessary for the dialogue between the two parties.However,this record is difficult for the defense and court to obtain.The fourth part of the article focuses on how to identify wrong verbal evidence during the court hearing.On the one hand,the qualification of the verbal evidence must be confirmed,and its source and collection method must be confirmed to prevent illegal verbal evidence from entering the court.On the other hand,the principle of direct speech needs to be enforced,and the provider of the testimony needs to be questioned in court.The first step is to analyze the formation process and content of a single verbal evidence.If the testimony changes,the provider needs to make a reasonable explanation.The second step is to pay attention to the corroborative relationship between verbal evidence and other evidence,especially to examine the connection between confession and other evidence to avoid false verification.Finally,the court should find the best interpretation of all the evidence by listening to the stories told by the prosecution and defense,and complete the judgment of the facts of the case.
Keywords/Search Tags:Criminal Verbal Evidence, Misjudged Cases, Fact-finding, False Verification
PDF Full Text Request
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