Research On The Reasons For Formation Of The Criminal Investigation Error And Its Correction And The Prevention And Control

Based on the limitations of human knowledge and the complexity of the facts, the criminal misjudged cases are objective phenomenon which is unavoidable in the judicial activities. Although couldn’t eradicate them, we can rely on our own efforts to reduce its occurrence. Through the comparative analysis of the forming cause of the criminal misjudged cases in domestic and foreign countries, we know that there is a close relationship between the occurrence of the criminal misjudged cases and the investigation error. As the beginning of the criminal procedure, the investigation procedure will undoubtedly become the initiator of evil of the criminal misjudged cases. And the investigation activities undertake the tasks of finding out the facts of the crime, collecting evidence of the crime and arresting suspects, what the following stage of the prosecution and trial execution based on——the evidence and the facts of the cases——are all derived from here. As a result, the investigation activities can not shirk its responsibility for criminal misjudged cases.The cause of the investigation error is complicated, its expression is varied. Through the comparative analysis of several pairs of cocepts, we could see that: errors occurred in the stage of investigation, are caused by the subjective limitations of investigators. So, In order to launch the investigation activities, we should actively carry out the preventive measures and reduce the investigation error. If the investigation error had occurred, the investigators should face it bravely, not evade it, not hide it, and actively take remedial measures. Only in this way, should we reduce the investigation error fundamentally. Therefore, in this article, I select the topic of the investigation error within systematic researching, aims at providing a theoretical basis for reducing the investigation error and curbing the occurrence of the criminal misjudged case.This article is divided into four parts:The first part expounds the relationship between the crime misjudged cases and the investigation error. And highlight the key position of the investigation error and the significance of this article. Starting from the conception and the present situation of the crime misjudged cases, it draw forth to pay attention and ponder over the key factor——the investigation error, and then I discuss the harm of it.The second part is to illustrate the definition, the judgment standard and the classification of the investigation error. Addressing from the standard of case facts and the standard of legal norm, I excluded the objective existence of the procedural flaws. And then, I list the various classification of the investigation error combining the concrete crime case.The third part is the heart to my article, namely the reasons for formation of the investigation error, both the root causes and the specific factors of the investigator. I comprehensively discussed the causes of the investigation error, almost all kinds of causes were covered.The last part is the analysis of the correction and the prevention and control of the criminal Investigation error. I put forward correction methods to the investigation error what has happened, and prevention mechanism to the investigation error what has not occurred. Only in this way, could I security the standardized operation of procedure of investigation.