Research On The Problem Of Investigation And Evidence Collection In Misjudged Criminal Cases

Criminal miscarriage of justice has always been a sore point.On the one hand,the wrong criminal cases happen not only to physical and psychological pain to the innocent victims,but also seriously damages the justice and authority of justice on the other hand.In this way,if the wrong case is not paid attention to and stopped for a long time,it will greatly destroy the credibility of the judiciary,and the public will lose their faith in the law,which will eventually lead to social disharmony and affect the social order.For the sake of social stability and harmony,for the sake of maintaining judicial dignity and for the sake of keeping innocent people out of trouble,of course,we hope to completely avoid the occurrence of criminal wrongful conviction,but in terms of the practical possibility,the complete avoidance of criminal wrongful conviction may only be an ideal goal that we have been fighting for on the way of judicial advancement.But even though the occurrence of wrong criminal cases in the world is an inevitable reality,we still have no reason and cannot take this as an excuse to ignore the existence of this serious judicial problem,after all,justice is the bottom line of justice.From the current situation,how to change this dilemma in the judicial field and how to curb criminal wrongful cases is a problem worth pondering.For criminal wrongful cases,what we need is not only pity and compassion for innocent people,but also more urgently vigilance and caution.In 2013,general secretary Xi Jinping stressed in the work of building the rule of law that "we should strive to make the people feel fairness and justice in every judicial case".It can be said that in the face of frequently exposed criminal wrongful cases in recent years,the important instructions of general secretary Xi Jinping have important guiding significance for the construction of judicial work in China.Proceeding from this requirement,and promote the judicial protection of human rights,as judicial workers,whether out of professional ethics or simple moral values of justice,we should earnestly practice general secretary xi’s judicial philosophy,prevent the occurrence of wrong criminal cases,and ensure fair justice.Judging from the practice of wrong cases in our country,the occurrence of wrong criminal cases in our country often appears at the stage of investigation and evidence collection.From the perspective of evidence law,evidence is the objective basis for correctly understanding criminal cases,and it is also the basis for identifying criminal suspects and defendants as guilty or innocent.It can be said that evidence is the focus of the whole litigation.Based on this,this paper intends to use the perspective of investigation and the path centered on evidence to define the concept of wrong criminal cases,and analyze the evidence causes of wrong criminal cases based on the manifestation of wrong criminal cases in China.The text of this paper is divided into three chapters,as follows:Chapter 1: Overview of criminal wrongful conviction and investigation and evidence collection.The first part is the definition of wrong criminal case.Specific analysis of the concept of "crime" in the judicial field exists,in the academic circles have two,affirmation and negation said through the analysis,the author tends to be sure,that the word "misjudged cases" exists in the judicial field,then on this basis,the standard of criminal misjudged cases analysis,clarify his own point of view,under the theoretical research to clarify the inherent concept of misjudged cases,after again fine talk wrong with being what similarities and differences;The second part is to explore the basic problems of investigation and evidence collection.It mainly includes the concept of investigation and evidence collection and what kind of objects to carry out investigation and evidence collection;Secondly,explore the connection between the investigation and evidence rules.Investigation and evidence collection is a series of activities with evidence as the core.Finally,under the above analysis,it focuses on the analysis of the idea and process of investigation and evidence collection,to form a scientific,reasonable and efficient investigation and evidence collection mode.Chapter 2: Analyses the causes of criminal wrongful conviction.This chapter mainly analyzes the causes of wrong cases from the perspective of investigation and evidence collection,which is divided into two parts.First,the problems often encountered in the practice of investigation and evidence collection,such as verbal evidence and physical evidence,are analyzed separately.Specifically,the problems of various kinds of evidence are pointed out according to different types of evidence.Then,according to these problems,it points out the defects in the investigation and evidence collection process of criminal wrongful conviction and explores the reasons for the defects in the evidence collection process.Chapter 3: The reform way to prevent wrong criminal cases from the perspective of investigation and evidence collection.This chapter is divided into three parts.According to the investigation and evidence collection problems mentioned in the previous chapter,the corresponding countermeasures are put forward.This chapter mainly starts from the specific reform path that the investigation activities of the investigation organs can take and puts forward the relevant measures that can be implemented in practice,to ensure that the investigators can be restrained in obtaining evidence and have specific basis,so it can control the prevention of wrong criminal cases in some directions and avoid the occurrence of wrong criminal cases as far as possible.