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Causes And Prevention Of Unjust, False And Wrong Criminal Cases

Posted on:2019-01-12Degree:MasterType:Thesis
Country:ChinaCandidate:X P SunFull Text:PDF
GTID:2436330569486664Subject:legal
Abstract/Summary:PDF Full Text Request
The criminal injustice and false case,the plot is bad and the influence is huge,which not only causes great pain to the parties and their families,but also brings great adverse effects on the authority and credibility of the judiciary.It is a fatal injury to justice and justice.It is the pain of the judiciary and the people's pain.It is not only incompatible with the goal of building a socialist country of rule of law with Chinese characteristics at present,but also contrary to the core values of socialism with Chinese characteristics.The occurrence of criminal injustice and misconduct is beyond exception at all times and in all countries.Among them,there are direct reasons such as extorting confession by torture,forcing testimony,ignoring opposite evidence,ignoring counsel's opinion,presumption of guilt and so on,as well as the indirect causes of "severe" special environmental pressure,unscientific evaluation system of performance assessment,relatively weak status of lawyers,and inadequately funded cases in some places.In general,there are some legislative reasons for the limitation of the specific period,the reasons for the long-term judicial system,and the reasons for the direct participants,such as the personnel,the lawyers and the parties in the public inspection system in the process of case investigation.In addition,as the case occurs in a specific environment,the judicial personnel have the reverse and investigation techniques when they know the case,and some cases are relatively difficult to detect.There is a saying that "there is an injustice with a prison."Since the eighteen years,the court system has significantly increased the correction of miscarriages of justice,especially in criminal cases.In addition to the innocence of the criminal prosecuted,it also aroused strong repercussions in the society.The judicial environment is purified,and social fairness and justice can be helped.These have benefited from the implementation of the "comprehensive rule of law" and other strategies,such as the implementation of "suspicion of crime without",and a series of judicial reforms centered on trial,such as the implementation of the "comprehensive rule of law" established after the eighteen major countries.This paper mainly selects 36 criminal cases,which have been corrected since eighteen major,and not limited to the 34 wrongful cases disclosed by the white paper of "the judicial reform of the Chinese courts(2013-2016)" issued by the Supreme People's court in February 27,2017.With reference to the relevant experts and scholars' research works,papers and media reports,empirical research is carried out,and through statistical analysis of data,this paper tries to explore the causes of the criminal wrongful case,and puts forward some preventive measures accordingly.
Keywords/Search Tags:criminal wrongful false case, empirical research, causes, countermeasures
PDF Full Text Request
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