Research On The Control Of Misjudged Cases In The Investigation Stage

This paper takes the misjudged cases in the investigation stage as the starting point,and discusses the generation of the wrong cases in the investigation stage and the response of the administrative management system,judicial organs and society to the misjudged cases in the investigation stage under the attribute of investigation judicial power.At the same time,as an empirical study of the law,this paper uses the fact analysis to drive the reasoning demonstration,through the analysis of typical criminal misjudged cases,discusses the connotation,elements,standards and performance of Criminal Misjudged Cases from the perspective of investigation.To make a comprehensive and systematic grasp of the relationship between investigation and misjudged cases.Specifically,the text consists of introduction,six chapters and conclusion.Chapter one: the basic problems of misjudged case control in investigation stage.This chapter elaborates what is the wrong case in the investigation stage.First of all,the connotation of misjudged cases has been discussed in detail in China's academic circles,which can be summarized as four concepts: objective theory of misjudged case,subjective theory of misjudged case,unified subjective and objective theory of misjudged case,and triple standard theory of misjudged case.Different concepts are the products of different times and have a certain scientific nature.This paper holds that "the unity of subjective and objective" is more in line with the current wrong case of the premise of the times,put forward wrong case is a stage of legal proposition.Limited by the domestic scholars' criticism on the shortcomings of different wrong cases,this argument can deepen the connotation of misjudged cases,and lead people's attention to wrong cases to the dimension of time and space from the surface to the inside.That is,public,procuratorial and legal systems in China's judicial system may make wrong cases.The judgment standard of misjudged cases is not based on the trial of the court,but under the hierarchical structure of misjudged cases The judgment basis lies in that the first judicial link of misjudged cases is not the final link of judicial process.With the development of judicial procedure,the generation of misjudged cases is becoming more and more complicated with the development of judicial procedure.Therefore,the premise of misjudged case includes the applicability of legal rules,the diversity of participants,and the sociality of influence effect.Secondly,based on the analysis of the connotation of misjudged cases,this paper expounds the relevance between the investigation stage and the misjudged case,and points out the formal correlation and the subject correlation.As a special activity in the judicial procedure of our country,the function of investigation has been neglected in the setting of subject,object,behavior and purpose from the perspective of formal logic,which has buried the hidden danger of misjudged cases.From the perspective of subject Association,investigation behavior is the first link of criminal justice system.The position of investigation function in misjudged cases can be the first person to control or generate wrong cases.The third part of this chapter further discusses the causes,manifestations and characteristics of misjudged cases in the investigation stage.It is pointed out that behavior deviation is the logical starting point of inducing wrong cases in the investigation stage.The wrong cases in the investigation stage are serious illegal behaviors or minor deviant behaviors caused by the deviant behaviors of investigators,and the behavior is the subjective reason of investigators and has the final error of investigation behavior.In the fourth part,it is proposed that the control dimension of misjudged cases in the investigation stage needs to establish a three-dimensional control system from normative control,administrative system control,judicial control to social control?Chapter two: the current situation of misjudged cases in the investigation stage.Through 85 typical misjudged criminal cases,this chapter further explains the current situation of misjudged cases in the investigation stage.In the research index selection of typical cases,online newspapers and professional books are taken as sample sources.The coverage of cases is divided by the 18 th National Congress of the Communist Party of China,including the cases from 1997 to 2012.On the basis of further statistics of cases,the case data are divided into three types according to the serious illegality and minor deviance of investigation behavior.The first is the strategic factor,which is mainly the policy of specific period,the problem of inducing confession in interrogation and the application of lie detector;the second is technical factor,including DNA identification and on-the-spot trace identification;the third is the measure factor,including illegal interrogation,illegal interrogation,illegal custody and illegal scene investigation and evidence collection.After summarizing the different variables one by one,it is concluded that the strategic variables are slight deviant behavior with strong subjective color.For example,the period of misjudged cases in our country is usually the product of the implementation of national policies,and the data shows that most of the wrong cases were produced in the period of severe crackdown.Such a top-down policy activity will inevitably lead to misreading and misunderstanding,resulting in wrong cases in the case of lower level communication and lower quality of grassroots case handling personnel.As for the technical factors leading to wrong cases in the investigation stage,they are subjective errors caused by the improper use of appraisal results by relevant judicial personnel.As for the measure factor,it includes general investigation measure and investigation compulsory measure.All the measures are caused by obvious illegal investigation,which mainly exist in four links: illegal interrogation,illegal interrogation,illegal custody and illegal scene investigation.Chapter three: normative control of misjudged cases in the investigation stage.The first step to prevent misjudged cases is the control of self behavior norms in the investigation stage.By introducing the nature of investigation activities in our country,this paper points out that the current investigation structure in our country leads to the phenomenon of investigation control anomie caused by investigators unintentionally under the legal control way,and produces the social fact that the deviant investigation means are used to control the deviant.The main reason is that: first of all,investigation is an independent activity,which means that there is no subordinate relationship between the investigation organ,the procuratorial organ and the court,and its activities can form a wrong case independently from other judicial stages;secondly,due to the closed nature of investigation,it is difficult for the procuratorate to supervise its activities.What's more,the so-called lawyer supervision is in vain.In this context,the lack of external agencies in the investigation stage leads to the ambiguity of legal and moral boundaries,which is mainly manifested in the dilemma faced by investigators.Therefore,the regulation of investigation behavior is an important way to control the source of misjudged cases.There are three ways to reform the control of investigation norms,including the amendment of investigation procedure system,the correction of investigation concept deviation and the amendment of technical investigation application.Chapter four: the administrative control of misjudged cases in the investigation stage.The management system of the combination of departments and blocks of public security organs leads to the intervention of administrative management system in investigation activities with judicial attribute.The confusion of judicial attribute and administrative management system makes it easy for investigators to put the cart before the horse.They mainly serve the public security administrative system.The main performance is the profit-seeking purpose and the creation of illegal investigation power when facing major problems.At present,the law of our country stipulates that the party has the absolute leading role in the judicial work.Under this system,people misunderstand the administrative leadership of the party and the administrative management system of investigation.The mistakes in the administrative management of investigation are attributed to the wrong guidance of the judicial organs of the political and Legal Commission on behalf of the party.The data show that the problem of misjudged cases under the current administrative system of investigation is not the interference of the political and Legal Commission on justice,but the destruction of the rule of law by some investigators.Therefore,the logic of the administrative management system lies in clarifying the logical starting point of the relationship between the party and the judiciary,focusing on the analysis of the occurrence of misjudged cases in the investigation stage:the main problems are unreasonable performance rules and the influence of administrative system on misjudged cases.And further put forward suggestions to change the administrative control deviant,including from the highest level,the party,as the leader of investigation activities,should set an example to realize the party's own construction and social supervision.On the basis of upholding the party's absolute leadership over China's judiciary,we should adhere to the rule of law under the guidance of the constitutional program,establish scientific performance appraisal,realize the rationalization of top-level design,normalization of new technology application,diversification of supervision subjects and comprehensive service system,establish a long-term mechanism of the executive power system and improve the implementation of the chief investigator system to ensure the independent operation of the investigation power.Chapter five: judicial control of misjudged cases in investigation stage.Although the investigation stage is independent of the procuratorial and court trial links,it should also play its role through the procuratorial and court links.Through the analysis of the case data,it is concluded that although the procuratorial link and the trial link have a certain effect on error correction,the prosecution and trial environment also improve the probability of wrong cases from the side,because the current review of evidence in China reflects a situation of cooperation among investigation,prosecution and court.In the current operation rules of the judicial system,compared with the source guidance of the public security system's anomie,the procuratorial organ's approval of arrest,examination and prosecution and decision of public prosecution strengthen the generation of misjudged cases.The falsification of cross examination links in the court will determine the wrong cases in the investigation stage.The specific control countermeasures of misjudged cases in judicial stage include the construction of three-dimensional supervision pattern and the construction of litigation pattern of trial guiding investigation.Such as the realization of the procuratorate from the internal realization of the prosecutor's first responsibility system and from the external improvement of the procuratorial supervision function and the implementation of the judicial responsibility system,improve the application of the court's illegal evidence exclusion rules.Chapter six: the social cooperative control of misjudged cases in the investigation stage.Investigation activities are both secret and open.Secrecy inevitably has an impact on justice,and the publicity of investigation should be restricted and controlled by the society.Therefore,lawyers and news media have become the causes of misjudged cases in social links.The impact of lawyers on misjudged cases is more reflected in the negative attitude of lawyers in the judicial system.Because of the loopholes in China's judicial system,lawyers are unable to play their due defense role and exercise their supervision and meeting rights.However,the news media usually bring negative impact on the wrong cases.The media usually stand in the opposite role of the judicial organs to find out the work defects of the judicial organs.The contradiction and conflict between society and government departments have been increased,which leads to the deviation of investigation values.Especially in today's era of micro blog,wechat,we media and various network public platforms,how to reasonably regulate the relationship between lawyers,media and investigation is particularly important.On this basis,relying on the concept of national social governance,and on the basis of admitting that judicial control is the main control means of misjudged cases,the third-party groups,including lawyers and the media,are introduced to form a joint force for the control of misjudged cases,which is embodied in two ways: how to regulate media supervision and how to strengthen lawyers' right to defend.