A Nomological Study Of The Wrongful Convictions Criterion

Wrongful convictions issue is important since it is related to the correct implementation of law and the protection of citizens' rights,the key of this issue is the wrongful convictions criterion.However,after observing the domestic theory and practice,we can find that the viewpoints and research methods are biased or idealized.It is necessary to re-examine the wrongful convictions criterion from the perspective of jurisprudence.According to the judicial syllogism of the civil law system,we can split the wrongful convictions criterion into fact-finding criterion and law-application criterion.The fact-finding theory has gone through three stages in the history,disagreement continues to be the battle between objective truth theory and adjudicative truth theory.These two views can essentially coexist,as we can regard the objective truth theory as "definition"and the adjudicative truth theory as "criterion".The "criterion" is actually the fact-finding criterion.The issue of law-application criterion is theoretically involved in the debate between the certainty of law and the uncertainty of law.Through analyzing we can find that the law is defined between certainty and uncertainty.On the basis of certainty,it is possible to construct the law-application criterion.In the study of contemporary Chinese criminal cases,we can find some shortcomings,and we can see the theoretical debate between certainty and uncertainty in practice,as well as some characteristics of the wrong case itself behind it.