{"title":"我国错案定罪证据不足的个案研究","authors":"HE Jiahong","doi":"10.1177/1365712720983933","DOIUrl":null,"url":null,"abstract":"The judiciary can only get to know the facts of a case that occurred in the past through limited evidence, and even with the shortage of evidence, the facts are fuzzy just like the moon on water. Wrongful convictions are very often based on a shortage of evidence and an ambiguity of facts. In those cases, judges face a dilemma in finding facts and applying rules of law. In order to prevent wrongful convictions, it is important to clarify the standard of evidence, to promote the legality of criminal investigation and to improve the assessment of evidence.","PeriodicalId":54168,"journal":{"name":"International Journal of Evidence & Proof","volume":"25 1","pages":"36 - 52"},"PeriodicalIF":0.7000,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/1365712720983933","citationCount":"3","resultStr":"{\"title\":\"A case study on shortage of evidence in wrongful convictions in China\",\"authors\":\"HE Jiahong\",\"doi\":\"10.1177/1365712720983933\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The judiciary can only get to know the facts of a case that occurred in the past through limited evidence, and even with the shortage of evidence, the facts are fuzzy just like the moon on water. Wrongful convictions are very often based on a shortage of evidence and an ambiguity of facts. In those cases, judges face a dilemma in finding facts and applying rules of law. In order to prevent wrongful convictions, it is important to clarify the standard of evidence, to promote the legality of criminal investigation and to improve the assessment of evidence.\",\"PeriodicalId\":54168,\"journal\":{\"name\":\"International Journal of Evidence & Proof\",\"volume\":\"25 1\",\"pages\":\"36 - 52\"},\"PeriodicalIF\":0.7000,\"publicationDate\":\"2021-01-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://sci-hub-pdf.com/10.1177/1365712720983933\",\"citationCount\":\"3\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"International Journal of Evidence & Proof\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.1177/1365712720983933\",\"RegionNum\":2,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"International Journal of Evidence & Proof","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1177/1365712720983933","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"LAW","Score":null,"Total":0}
A case study on shortage of evidence in wrongful convictions in China
The judiciary can only get to know the facts of a case that occurred in the past through limited evidence, and even with the shortage of evidence, the facts are fuzzy just like the moon on water. Wrongful convictions are very often based on a shortage of evidence and an ambiguity of facts. In those cases, judges face a dilemma in finding facts and applying rules of law. In order to prevent wrongful convictions, it is important to clarify the standard of evidence, to promote the legality of criminal investigation and to improve the assessment of evidence.