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
Views 813      Downloads 102
Lang Zhicheng, Criminal Investigation Department, Southwest University of Political Science and Law, Chongqing, China
Article Tools
Follow on us
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.
Misjudged Criminal Cases, Problems in Appraisal Empirical Research, Reform Measures
To cite this article
Lang Zhicheng, 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. doi: 10.11648/j.ijls.20180103.15
Copyright © 2018 Authors retain the copyright of this article.
This article is an open access article distributed under the Creative Commons Attribution License ( which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
[France] Fene Floriot. Les Eurreurs Judiciaires [M]. ZHAO Shumei, ZHANG Hongzhu. Translation. Beijing: Law Press, 2013:6.
XU Jingcun, the Position of the Appraisal in Criminal Proceedings [J]. Chinese Journal of Forensic Sciences, 2005, (4):3-4.
GUO Hua. The Perspective and Analysis to the Appraisal Institution inner the Investigative Organs--13 Misjudged Cases Concerning the Appraisal Problems [J] Evidence and Science, 2008, (4):440-451.
NIE Zhaowei. the Reasons and Measures to the Misjudged Cases Concerning Death in the Investigative Stage--Taking the known 33 Misjudged Cases Concerning Death as Samples [J]. Shandong Police College and Journal, 2007, (3):87-92.
Jim petro, Nancy petro, how the injustice happened, translated by yuan ningning, Chen xiao, et al., Beijing: Peking University press, 2012.
Labierejin. The Essay of Criminal Investigation [M]. LI Ruiqin, Translation. Beijing: Masses Publishing House, 1986:69.
CHEN Xuequan. The Analysis of the Application of the DNA in the Criminal Cases [J]. The journal of China criminal law, 2009.4.
HUANG Shiyuan. The Changes and the Reasons of Extortion of Confession by Torture in China in the Recent Years [A]. CHEN Ruihua. Anti-Cruel Torture in the Social Perspective [C]. Beijing:Beijing University Press, 2012:120.
DU Wenhai, ZENG Min. The Analysis and the Prevention of the Problems Causing by the Material Evidence [J]. Chinese Procurator, 2014, (12):36-38.
YI Xiangde. The Correct Understanding of the People’s Anger--the Reflection to the Misjudged Cases of DU Peiwu, SHE Xianglin etc. [J]. Modern Law Science, 2006, (1):153-157.
CHEN Wei, SHEN Liqin. The Perspective to American Misjudged Cases and Their Prevention and Enlightenment to Our Justice [J]. Journal of Southwest University of Political Science and Law, 2004, (6):3-12.
Du wenhai and zeng min, "analysis and prevention of wrong cases caused by physical evidence", Chinese prosecutors, 6th issue, 2014.
GUAN Meilin, CAO Hui, ZHANG Jianxin. The Source of Stress and the Relevant Factors Exploration of the Police in Beijing, [J]. Chinese Mental Health Journal, 2007, (9):618-621.
DONG Xiujie. The Analysis to the Present Justice to the Criminal Technical Appraisal Value [J] Northeast Agriculture University Journal (Social Version), 2007, (1):110-112.
QU Jiang. The Reasons and the Measures to the Criminal Misjudged Cases Caused by the Wrong Appraisal. [J]. Qinghai Normal University (Philosophy and Social Version), 2012, (5):37-41.
CHEN Guangzhong. Criminal Law [M]. Beijing University Press, Tertiary Education Press, 2005:168.
XU Jinghe. the Exploration to the Judicial Appraisal System Revolution [M]. Beijing: Chinese Procurator, 2006:25.
The Effects and the Dissolve of Setting Appraisal Organs inside the Investigative Organs [J]. Modern Law Science, 2009, (6):150-157.
The Explanation of the Decisions of the Management of the Judicial Appraisal of the Bureau of the Criminal Law Attached to the NPC Standing Committee and the NPC [M]. Beijing: Law Science Press, 2005, (6) 6.
LI Na. More than 60,000 Cases Were Solved in Shandong Province Last Year. [N]. People’s Police Journal, 2013-02-16 (003).
WU Hejian, LI Yu. Investigation Report of Going to Japan [J]. Chinese Journal of Forensic Sciences, 2002, (4):59-62.
LI Na. Shanxi Province Increases the Investment to Criminal Science [N]. People’s Police Journal, 2013-01-17 (005).
ZHOU Zhitao, YOU Weixiang. Outstanding Because of Professional--the Review and the Theoretical Explanation to the Past Ten Years Criminal Work in Zhejiang Province. [J] Zhengjiang Police College Journal, 2009, (2):59-63
Science Publishing Group
1 Rockefeller Plaza,
10th and 11th Floors,
New York, NY 10020
Tel: (001)347-983-5186