Breaking the Stereotypes: Analysis and Prevention of Criminal Misjudged Cases in the Procedure of Criminal Trial from the Perspective of Evidentiary Adjudication

摘要

Effective prevention of misjudged criminal cases has become a consensus of almost all countries in their respective national criminal procedure legislation and judicial practice, and people are increasingly aware that the major stereotype or crux of misjudged criminal cases lies in the evidences collected. At the stage of criminal trial, major causes resulting in misjudged cases are that the principle of exclusion of illegal evidence is neglected and standard of legal evidence is breached. All these problems are directly and indirectly in violation of the principle of evidentiary adjudication. To rectify misjudged criminal cases we should try to discover their inherent generation mechanism and further find out effective solutions rather than ridiculously relying on "Return of the Dead" or "the murderer's showing up".