The Appraisal Problems of Misjudged Criminal Cases - An Empirical Research Based on 50 Cases

Lang Zhicheng

doi:doi:10.11648/j.ijls.20180103.15

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The Appraisal Problems of Misjudged Criminal Cases - An Empirical Research Based on 50 Cases

Lang Zhicheng

Published in International Journal of Law and Society (Volume 1, Issue 3)

Received: 18 June 2018 Accepted: 18 October 2018 Published: 4 December 2018

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Abstract

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.

Published in	International Journal of Law and Society (Volume 1, Issue 3)
DOI	10.11648/j.ijls.20180103.15
Page(s)	125-136
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2018. Published by Science Publishing Group

Keywords

Misjudged Criminal Cases, Problems in Appraisal Empirical Research, Reform Measures

References

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Lang Zhicheng. (2018). The Appraisal Problems of Misjudged Criminal Cases - An Empirical Research Based on 50 Cases. International Journal of Law and Society, 1(3), 125-136. https://doi.org/10.11648/j.ijls.20180103.15

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Lang Zhicheng. The Appraisal Problems of Misjudged Criminal Cases - An Empirical Research Based on 50 Cases. Int. J. Law Soc. 2018, 1(3), 125-136. doi: 10.11648/j.ijls.20180103.15

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AMA Style

Lang Zhicheng. The Appraisal Problems of Misjudged Criminal Cases - An Empirical Research Based on 50 Cases. Int J Law Soc. 2018;1(3):125-136. doi: 10.11648/j.ijls.20180103.15

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@article{10.11648/j.ijls.20180103.15,
  author = {Lang Zhicheng},
  title = {The Appraisal Problems of Misjudged Criminal Cases - An Empirical Research Based on 50 Cases},
  journal = {International Journal of Law and Society},
  volume = {1},
  number = {3},
  pages = {125-136},
  doi = {10.11648/j.ijls.20180103.15},
  url = {https://doi.org/10.11648/j.ijls.20180103.15},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20180103.15},
  abstract = {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.},
 year = {2018}
}

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TY  - JOUR
T1  - The Appraisal Problems of Misjudged Criminal Cases - An Empirical Research Based on 50 Cases
AU  - Lang Zhicheng
Y1  - 2018/12/04
PY  - 2018
N1  - https://doi.org/10.11648/j.ijls.20180103.15
DO  - 10.11648/j.ijls.20180103.15
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 125
EP  - 136
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20180103.15
AB  - 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.
VL  - 1
IS  - 3
ER  -

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Author Information

Lang Zhicheng

Criminal Investigation Department, Southwest University of Political Science and Law, Chongqing, China

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Plain Text BibTeX RIS

APA Style

Lang Zhicheng. (2018). The Appraisal Problems of Misjudged Criminal Cases - An Empirical Research Based on 50 Cases. International Journal of Law and Society, 1(3), 125-136. https://doi.org/10.11648/j.ijls.20180103.15

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ACS Style

Lang Zhicheng. The Appraisal Problems of Misjudged Criminal Cases - An Empirical Research Based on 50 Cases. Int. J. Law Soc. 2018, 1(3), 125-136. doi: 10.11648/j.ijls.20180103.15

Copy | Download

AMA Style

Lang Zhicheng. The Appraisal Problems of Misjudged Criminal Cases - An Empirical Research Based on 50 Cases. Int J Law Soc. 2018;1(3):125-136. doi: 10.11648/j.ijls.20180103.15

Copy | Download

@article{10.11648/j.ijls.20180103.15,
  author = {Lang Zhicheng},
  title = {The Appraisal Problems of Misjudged Criminal Cases - An Empirical Research Based on 50 Cases},
  journal = {International Journal of Law and Society},
  volume = {1},
  number = {3},
  pages = {125-136},
  doi = {10.11648/j.ijls.20180103.15},
  url = {https://doi.org/10.11648/j.ijls.20180103.15},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20180103.15},
  abstract = {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.},
 year = {2018}
}

Copy | Download

TY  - JOUR
T1  - The Appraisal Problems of Misjudged Criminal Cases - An Empirical Research Based on 50 Cases
AU  - Lang Zhicheng
Y1  - 2018/12/04
PY  - 2018
N1  - https://doi.org/10.11648/j.ijls.20180103.15
DO  - 10.11648/j.ijls.20180103.15
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 125
EP  - 136
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20180103.15
AB  - 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.
VL  - 1
IS  - 3
ER  -

Copy | Download