| It is the common understanding of all walks of life and even all countries in the world that criminal misjudged cases bring shame to the entire criminal justice system.Even European and American countries that have developed the rule of law also face this problem,but it seems that criminal misjudged cases always linger,especially the series of misjudged cases in the course of the rule of law.The existing wrong cases can only be corrected through legal relief channels,and the future prevention of wrong cases is very important.To sum up the past is to develop the future.To observe and analyze the criminal wrong cases in recent years,each case is caused by a variety of different reasons,but there are many similarities among them.The most critical aspect is the evidence.Under the background of advocating the evidence adjudication,it is the best policy to deepen the evidence adjudication to the criminal procedure.This thesis combines empirical research with theoretical research.Firstly,the concept of criminal misjudgment should be clarified.Cases should be searched around this concept.The first part is an overview of criminal error cases,which is the forerunner of this study.The second part is the reality of criminal misjudged cases investigation,this part is mainly to carry out empirical research,this article extraction of 20 cases in table form reality show,and in the second and the third quarter,both of these cases and carried out a statistical analysis on the reasons that cause misjudged cases,this section with the data in the form of show more research results,make the article more concise intuitive and persuasive;Third part and the fifth part is the core content of this article,the third part is according to the results of case studies further evidence on factor analysis of the causes of misjudged cases "found the problem",in this part of the basis of analyzing the causes of criminal misjudged cases can be found error lies in investigation phase,so the investigation of reason as the cause for misjudged cases singled out for special analysis,then the mode of judicial proof and evidence to judge principles are common causes of misjudged cases;The fourth part is the result of comparative research,which mainly analyzes the management measures of criminal wrong cases in developed countries with the rule of law in Britain and the United States.The fifth part is the essence of research contents in this thesis,based on previous research results conceived through evidence factors prevent criminal misjudged cases in China’s rational approach,in this section is divided into four sections,the first section about practice pioneerto prevent evidence of a crime should have idea,after three quarters were found in these problems to solve the problem,on the basis of investigation of evidence and the judicial proof and evidence to judge specializes in three aspects,aims to suggest evidence by the referee to prevent crime. |
