Research On Preventing Misjudged Criminal Cases In Fact Determination By Evidence Based Method

The emergence of misjudged criminal cases has greatly affected the process of social rule of law construction and hindered the realization of judicial justice.In China’s judicial practice,misjudged criminal cases emerge one after another,and the case is becoming more and more complex and diverse.In order to deal with the complex challenge of criminal misjudged cases,we can open up a new way to assist judicial personnel to judge and identify criminal evidence and facts more accurately in the process of evidence proof,effectively prevent the deviation in the process of fact determination,and the evidence-based method can effectively solve this dilemma.Based on modern information technology,the evidence-based method constructs a new legal knowledge system for the prevention of criminal wrongful cases,which has the characteristics of high efficiency,sharing and strong applicability.Based on the background of the era of big data,this paper determines the evidence-based method based on information technology and large database to carry out the prevention practice of criminal misjudgment,in order to expand the individual trial experience and knowledge of judges,so as to make accurate and fair judgments,then achieve the purpose of preventing criminal miscarriage of justice.This paper firstly discusses the definition and characteristics of criminal miscarriages,excavates the evidence and proof problems existing in the process of current criminal misjudged judge’s fact determination,introduces the scientific characteristics of evidence-based method as a new methodology,and then leads to the necessary and feasible points of using evidence-based method to prevent criminal miscarriages.Based on the "Qian Renfeng case",the practice of evidence-based criminal wrongful case prevention is carried out.The specific evidence problems existing in Qian Renfeng case are analyzed,and the evidence-based methods are tried to solve them.Finally,the correctness and feasibility of the application of evidence-based methods are tested.In the end,it puts forward the concrete idea and relevant suggestions of constructing the evidence-based platform for miscase prevention.