On The Perfection Of The Misjudged Prevention And Control Mechanism In China 's Investigation

Misjudged prevention mechanism can be divided into a plurality of types by stage, different mechanisms for prevention of misjudged in criminal justice stage has different characteristics, methods and scope of their study are different. This article focuses on the misjudged case prevention mechanism in investigation stage. As a front-end program of criminal prosecution, it’s a crucial role for the prevention of misjudged case. Misjudged case prevention mechanism is based on a variety of misjudged case prevention systems. The misjudged case prevention mechanism can be formed upon the interaction, role and constraints of these systems. But if these systems are perfect will directly affect the operating efficiency and effectiveness of the misjudged case prevention mechanism. Therefore, to continuously improve and perfect the misjudged case prevention system in investigation stage, so that the misjudged case prevention mechanism operates effectively. China’s current misjudged case prevention system in investigation stage has established the basic framework, it’s more specified in the relevant normative documents. Whether it is from the relevant institutional or the judiciary and law-executor’s philosophy, we are still flawed and biased. The main purpose of this research is to sort out the content of the current misjudged case prevention mechanism in investigation stage to find out the main problems still exist, and propose targeted recommendations. The problems existing in the current misjudged case prevention mechanism during investigation stage is divided into two levels, one is the conceptual level, that the ways of thinking of investigators developing and training in the investigation activities to guide the criminal investigation, including the personal qualities. Another is the system level, namely the system defects of misjudged case prevention mechanism during investigation stage, including the internal organs of the misjudged case prevention system, supervision legal system and other investigative procedure. To solve these problems, the relevant recommendations to improve the proposed mainly from the following aspects:First, to strengthen the system construction and refine and enhance its operability. Second, for organically coordinate and cooperate with each system must take into account the process of improvement in the operation of other systems from the macroscopic, but also in the process of perfect misjudged case prevention system, sometimes a revision of a system is not alone, and It is systematically related to a series of systems. Therefore, it should do the joint construction of various systems in the process of improving misjudged case prevention mechanism. Third, to strengthen the legal norms and improve the system legal hierarchy of norms of misjudged case prevention in investigation stage, important for the prevention and treatment system should be specified in the relevant laws. Ultimately the misjudged case prevention mechanisms of investigation stage to achieve effective the organic unity of control of the misjudged case, the fight against crime and the protection of the legal rights of the suspect.