The question of how evidence is collected in a case in China

Hello, it is a pleasure to provide you with my opinion :

First, if no evidence of the person's murder is collected, the suspect should be released after 48 hours of detention;

Second, it is advisable for that person to gather evidence in his favor, such as an alibi. In case ** collects evidence and files a lawsuit, that person can also rely on his own evidence to argue;

Third, the case does not apply counter-proof proof, if ** does not collect evidence, it cannot first consider that person guilty, and then let that person collect evidence of innocence;

Fourth, China's criminal law applies the "principle of presumption of innocence" and the "principle of legality of crimes", and there can be no conviction without evidence, and no sentence can be convicted without guilt.

Fifth, the murder cases of miscarriage you mentioned have also appeared in the construction of China's legal system, but they are not the mainstream, and since the policy of governing the country according to law was proposed, the number of miscarriage cases has decreased year by year, so you can rest assured. Moreover, even if the first instance is a verdict of guilt, that person can appeal, and there is still a chance to prove his innocence.

Thank you for reading my answer, I hope it helps.

The police came to collect evidence of the man's guilt.

Without evidence of murder, the person is not guilty.

It is not possible that there is no evidence in a case of wrongful conviction and murder, but that his evidence is flawed and may be false, or the evidence is not enough to form a chain of evidence to prove that the person committed the crime.

Legal analysisThe types of evidence refer to the various external forms that express the factual content of the evidence, which are legally binding. Evidence refers to the basis for determining the facts of a case in accordance with the procedural rules, and evidence is of great significance to the parties in carrying out litigation activities, safeguarding their own legitimate rights and interests, and for the court to ascertain the facts of the case and make correct judgments in accordance with the law. The issue of evidence is the core issue of litigation, and in the trial process of any case, it is necessary to reproduce and restore the original face of the incident through evidence and the chain of evidence formed by evidence, so that a judgment made on the basis of sufficient evidence can be a fair judgment.

The lack of evidence should exist objectively, and the falsification or destruction of evidence is an illegal act and should be prosecuted by law. Documentary and physical evidence is physical evidence in the form of objects or words.

Legal basisArticle 50 of the Criminal Procedure Law of the People's Republic of China: Materials that may be used to prove the facts of a case are all evidence. Evidence includes: (1) physical evidence; (2) documentary evidence; (3) Witness testimony; (4) The victim's statement; (5) Confessions and justifications of criminal suspects or defendants; (6) Appraisal opinions; (7) Records of inquests, inspections, identifications, investigative experiments, and so forth; (8) Audio-visual materials and electronic data.

Evidence must be verified by the evidence before it can be used as the basis for a verdict.

In practice, it is common for employees to cause damage to the employer due to violations of laws, regulations, rules and regulations, as well as labor contracts, and in the event of such labor disputes, the employer is the victim but repeatedly loses the case in arbitration or litigation, an important reason is that it does not understand the collection and use of evidence in labor dispute cases. Therefore, after a labor dispute occurs, the collection and use of evidence is not only related to the success or defeat of the case, but also ultimately determines whether the employer's labor rights and interests can be effectively protected. In the settlement of labor disputes, there are certain differences in the collection and use of evidence due to the different types of disputes.

Therefore, the employer's collection and use of evidence should be determined according to the different types of labor dispute cases, and a common type of labor dispute case is listed below. Disputes over the dissolution or termination of the labor contract by the employerIf the employer makes a decision to dissolve or terminate the labor contract, the employer shall bear the burden of proof after the employee is dissatisfied with the labor dispute. Evidence collection was mainly carried out from the following aspects:

1) Labor contract. An employment contract is a certificate for an employer to establish an employment relationship with an employee and determine rights and obligations, and the employer must first have a labor contract to terminate the labor contract, and the terms of the contract can prove the unilateral termination of the contract.

2) Factual evidence of the dissolution or termination of the labor contract. The factual basis is one of the conditions for the employer to dissolve or terminate the judgment of the labor contract, and in accordance with Articles 36, 39, 40, 41 and 44 of the Labor Contract Law, the employer may only dissolve or terminate the labor contract when the circumstances prescribed by law arise. The facts and reasons for the employer to dissolve or terminate the employment contract must be in accordance with the statutory provisions.

For example, if the employer proposes to unilaterally terminate the contract of an employee who has seriously violated labor rules and regulations, the evidence that needs to be prepared is which labor discipline the employee has violated, and it must not only have factual evidence of the violation, but also produce labor rules and regulations to explain the employer's disciplinary regulations.

3) Written notice of dissolution or termination of the labor contract. According to the provisions of the Labor Contract Law, in some cases, the employer shall notify the employee in writing 30 days in advance or pay one month's salary instead, and in some cases, the employer may terminate the contract by immediate notice. For example, if an employee seriously violates labor rules and regulations, the employer may directly notify the employee in writing when terminating the contract.