Study On Preventive Mechanism Of Wrongful Convictions In Criminal Investigation

“Wrongful convictions” means the combination of injustice case, falsecase and misjudged case. In recent years, with the advancement of scienceand technology, detection level, gradually reduce the probability ofoccurrence of wrongful convictions, but it still exists in a certain range.Whether She’s in Hubei, Zhao’s in Henan or Du’s in Yunnan, the incidenceof wrongful convictions all have some common characteristics.Characteristics from the occurrence of wrongful convictions can be seen,the investigation stage is the stage of multiple wrongful convictions.Wrongful convictions occurred many reasons, Whether the legal system onthe cause or reason for the litigation process have exposed the injusticesof prevention mechanisms in the immature, imperfect. With the newlyrevised “Criminal Procedure Law”,“respect and protection for humanrights” writes in general, and the defense system, the evidence system,coercive measures, investigative procedures, judicial procedures andother aspects of a large number of modifications, our legal system isincreasingly focused on the protection of the rights of criminal suspects.Construction of wrongful convictions prevention mechanism is not only to“respect and protection for human rights” theory of needs, is “theprinciples of seeking truth from facts, correcting mistakes” and “thetheory of procedure law” needs.“Criminal Procedure Law” provides the public security organs, procuratorial organs in criminal proceedingsshould “share the responsibility, mutual cooperation, mutualrestraint”. Strengthen the construction of the public security organsthemselves being prevention mechanism and strengthen procuratorialorgans of investigation activity guide the system construction is to buildthe supervision of the criminal investigation phase being two importantaspects of prevention mechanisms. This paper mainly in the perspectiveof the newly revised “Criminal Procedure Law” to study the preventionmechanism, and demonstrated through the following three parts unfold. Thefirst part describes our criminal procedure causes of wrongfulconvictions, the second part describes the investigation stage ofprevention mechanisms built trumped rationality analysis, and the thirdpart describes the criminal investigation phase of construction ofcountermeasures trumped prevention mechanism. Through the criminalinvestigation trumped prevention mechanism study on the status ofwrongful convictions characteristics, causes and prevention mechanismsinvestigation stage build trumped rationality, necessity of analysis,from the public security organs to strengthen prevention mechanismthemselves trumped build and strengthen the prosecution of investigationand supervision of the construction of two boot system put forward ownviews.