Studies On Collection And Review Of Investigation Evidence Of Homicide Cases In The New Era

Since the trial-centered litigation system reform was proposed by the Fourth Plenary Session of the Eighteenth CPC Central Committee,it tends to be unified for investigation,prosecution,and trial under the framework aiming at litigation.Against the context,affected by administrative thoughts for a long time,the investigation in original systems fails to match with litigation system.Moreover,wrongful convictions take place frequently in recent years,but during re-examination,it is found that most problems occur in the stages of evidence collection for homicide case investigation and evidence review.Therefore,in order to cope with issues of evidence collection for homicide case and review in the new era,it is necessary to find out root causes on the one hand,explore issues from surface to nature layer upon layer,ensure operable and practical system running practically,and profoundly investigate the influence of Chinese traditional evidence culture mentally.On the other hand,it has to combine theory with practice,that is,contradictions in theories should be explored,so is influence of factors in objective practice.After analyzing underlying reasons from multiple perspectives,the author argued that targeted solutions should be proposed,and forward-looking suggestions should be presented for the construction of homicide case evidence system in the new era on the basis of re-examining evidence collection for homicide case investigation and the review background.In view of this,the author mainly explored the framework of evidence mechanism for homicide case investigation in the new era,and divided the paper into six chapters.Chapter I is the introduction.It analyzed background of studies on homicide case investigation in the new era,explained the correlation between frequent wrongful convictions with evidence collection for homicide case investigation and review mechanism,and explored value and significance of the paper.In Chapter II,it is an overview of evidence collection for homicide case investigation and review in the new era.By defining the homicide case investigation,its characteristics and functional values,it re-positioned homicide case evidence system theoretically,and clarified development process of the system via vertically sorting historical course of traditional evidence culture.Chapter III narrated prominent problems in evidence collection and review of homicide case in the new era.It,from the perspective of homicide case investigation and in combination with cases,intuitively stated typical issues of current homicide case evidence system from the illegality,lagging and one-sidedness of evidence collection for homicide case,the formalization ofhomicide case evidence review,as well as limitations in evidence chain construction.The Chapter IV continued to discuss problems in Chapter III,and profoundly analyzed causes of the five issues from theory,system,culture and technology.Subsequently,as the core of the paper,Chapter V proposed an idea of the author to construct a homicide case investigation evidence system in the new era.Here,the author put forward scientific suggestions based on some characteristics inherent in homicide case investigation from theoretical level to the technical level by summarizing and collecting technical conditions and environmental advantages for current evidence collection and review of homicide case.Moreover,a scientific framework was drawn and feasible measures were presented to provide research approaches for evidence system and mechanism of systematic homicide case investigation.In the last Chapter,it drew conclusions,sorted out structures of the whole paper,and summarized what had been discussed.Finally,the author finishes the paper by following the composition thought of finding problems,analyzing problems,and solving problems.It is hoped to assist in building a sound system for the evidence collection and review of homicide case in the new era.