An Empirical Research On The Ground Review Mechanism In Criminal Trials

In recent years,there have been a lot of unjust,false and wrong cases in criminal trials caused by mistakes in the determination of the facts of the cases,making the problem of the risks of misidentification of the facts in criminal trials increasingly prominent.The determination of the facts of a case does not only rely on evidence,but the relevant knowledge as a major premise in evidence reasoning also plays an indispensable role.To a certain extent,the reliability of relevant knowledge also determines the reliability of inference facts.Therefore,the review of relevant knowledge is necessary.Constructing a scientific and reasonable review mechanism of relevant knowledge is the key to further improving the accuracy of case fact determination and reducing the risk of incorrectly determining case facts.Recently,some scholars have standardized and clarified the relevant knowledge that is the major premise of reasoning in evidence reasoning with the basic concept of "ground".They believe that ground is the relevant knowledge that is the major premise in evidence reasoning,which provides a basis for the study of related knowledge review mechanisms.Opportunity.Based on scholars ’ definition of the concept of "ground",this article analyzes the use of ground,review of ground and the specific aspects of review of ground in judicial practice,and summarizes and analyzes the main problems existing in the current ground review mechanism.The related reasons are discussed,and corresponding improvement suggestions are finally put forward.The full text is divided into four parts:The first part is the introduction.Briefly clarified the research background.There is always the risk of wrongly ascertaining the facts of a case in criminal trials.By analyzing the process from the occurrence of a case to the fact-finding process and reviewing the status quo of research on the basis,it is proposed that the improvement of the ground review mechanism is an important means to reduce the risk of wrongly-identified case,And introduced the research method of this article.The second part analyzes the status quo of evidence review in criminal trials.Taking criminal judgment documents as the research object,based on sample statistical data,combined with practice,the problems in judicial practice are analyzed and summarized in the three stages of ground application,ground review and review.The third part analyzes the reasons for the status quo of evidence review in criminal trials.It is believed that the influence of the verification method,the probabilistic nature of the ground,the existence of a functional alternative system for ground review,and the focus on evidence in practice are the main reasons that lead to the lack of standardized and systematic ground review mechanism in the application and review of the ground.the reason.The fourth part is the improvement of my country’s ground review mechanism.For the second and third part of the problem analysis and cause analysis,the corresponding improvements were proposed from four aspects:refined use of ground,clarification of ground review,enhanced argumentation,systematic review of ground,and strengthening of technical support for ground review Suggest.Based on judicial practice,this article analyzes the use of evidence and review issues in criminal trials,and puts forward my own views and corresponding suggestions for improvement.It is hoped that it can provide inspiration for the follow-up review of ground and provide a reasonable and complete review of ground.The construction of the system provides constructive ideas.