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Reflections On The Proof Model

Posted on:2022-06-05Degree:MasterType:Thesis
Country:ChinaCandidate:M ZhangFull Text:PDF
GTID:2516306530478034Subject:legal
Abstract/Summary:PDF Full Text Request
The retrial of the criminal unjust case affects the sensitive nerve of the public.The subversion of the conclusion of the original trial means that the conclusion of mutual corroboration between the evidence is capricious,and this phenomenon of false corroboration is attacking people's trust in justice.It is not difficult to find that this mode is actually in the operating environment of the administrative investigation procedure and the absence of procuratorial supervision by comparing with the proper connotation and the applicable methods of the proof mode,it is hard to expect such a harsh environment to support its healthy operation.Specifically,in the course of operation,there may be such undesirable factors as subjective and malignant infiltration,adherence to pseudo-logic without regard to cause and effect,and separation of evidence from facts,which ultimately present the operation effect of distorted pointing consistency and false verification,it directly leads to the proof mode cannot effectively prevent the occurrence of unjust and erroneous cases.Therefore,in view of the dissimilation of verification model,administrative color should be diluted gradually from the external environment,human rights protection should be implemented,and the concept of verification should be out of error,and effective verification should be pursued.We should establish the system of lawyer's presence,implement the system of examining arrest and hearing,and strengthen the judge's acceptance of evidence,so as to change the situation of preventing failure of proof pattern to the unjust and wrong cases.
Keywords/Search Tags:Proof mode, fake proof, wrongful cases
PDF Full Text Request
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