The Appraisal Problems of Misjudged Criminal Cases - An Empirical Research Based on 50 Cases
International Journal of Law and Society
Volume 1, Issue 3, September 2018, Pages: 125-136
Received: Jun. 18, 2018;
Accepted: Oct. 18, 2018;
Published: Dec. 4, 2018
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Lang Zhicheng, Criminal Investigation Department, Southwest University of Political Science and Law, Chongqing, China
The reason why the misjudged criminal cases exist is not due to the application of law, but due to the deviation of fact-foundings, which are the errors in appraisal. Based on the empirical study, this research uses the inductive and deductive methods to analyse the appraisal problems in misjudged criminal cases of China and study the main reasons that cause the misjudged criminal cases. The reasons includethe pressure that urges the investigative organs to solve the cases, the quality and the quantities of the evidence the professional abilities of the appraisers, the reliability of the investigative technology, the problems in the exploration, examination and extraction the evidence and in reconstruction the criminal scenes, and the deliberate wrong appraisal etc.. The solution, first of all, is to reform the appraisal system to keep it neutral. Firstly, the internal appraisers of investigation organs should be separated from the investigation organs. Secondly, the rights of the relevant parties should be protected to restrict powers with rights. Meanwhile, the investigation organs should establish an appraisal recordation system. And finally, the interest parties should be allowed to participate in the appraisal process and strengthen the supervision over appraisal activities and summary of past facts.
The Appraisal Problems of Misjudged Criminal Cases - An Empirical Research Based on 50 Cases, International Journal of Law and Society.
Vol. 1, No. 3,
2018, pp. 125-136.
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