Research On Dereliction Problems In Homicide Case’ Investigation

Crime of dereliction of duty includes several kinds. Crime of dereliction is one kind of its which not only causes great loss to the whole country, public property and people’s interest, but also badly sullies the image of public power. Criminal Investigation stage is the fundamental stage in judicial process. If the action of dereliction exists during the criminal investigation stage, the personal interests of suspect would be violated; furthermore, judicial process of the case would also be influenced. Worst of all,crime of dereliction during the stage of homicide case’ investigation would even lead to unjust case. How to identify and prevent the action of dereliction on criminal investigation stage is an important project to analyze. Because the action of dereliction would lead to worse result when it appears in homicide case’ investigation, this thesis mainly study the action of dereliction during homicide case’ investigation. So the word investigation means investigation of the police. This thesis can be divided into six parts.The first part is about the jurisprudential circle’s divergence on derelict behavior which exists in homicide case’ investigation. This part can be divided into three parts. One is to led up to the fact that responsible investigator who was suspected of dereliction received the investigation through simply describing this case; one is to analyze the divergence’s content and reasons for each viewpoint about whether the derelict behavior becomes a crime;another one is to summarize the thoughts of identifying whether the behavior above becomes a crime.The second part is to analyze several difficult issues on identifying the dereliction in homicide case’investigation. This part can be divided into two aspects. One is the identification of the great loss which is a necessary part of the crime of dereliction; the other one is the causation between action of dereliction and the great loss.The third part is about problems in homicide case’investigation and where they arise. The problems relating to dereliction appear probably when investigators collect evidence during homicide case’investigation stage. This part can be divided into three aspects. One is the believing in confession resulting in neglect of innocence evidence; one is the low qualification and capability of investigator; another one is the mind of guilt presumption which is rooted fundamentally.The fourth part is about the settlement against these dereliction problems.This part can be mainly divided into four aspects. One is to improve the system of procuratorate against investigation; one is to input more judicial resource to high-tech investigating means; one is to change the traditional minds and to establish the principle of presumption of innocence comprehensively; the last one is to strict the access mechanism of investigation and to truly prove the qualification of the investigator.