The Prevention System Of Wrongful Conviction Under The Investigation Behavior

Each stage of criminal proceedings may generate an error. The accumulation of errors may ultimately create criminal wrongful conviction.Investigation Act is the beginning of criminal proceedings and the main duty is to find the facts and gather evidences. So it is important for the entire criminal proceedings. The problems of Investigation eventually led to injustice. There is inner logical relationship between wrongful conviction and investigation act. This paper attempts to analyze the reason of wrongful conviction, introduce foreign measures, and find space in system of wrongful conviction prevention.Specific ideas are as follows:The first part is the introduction to basic issues of wrongful conviction. Wrongful conviction is not only an error of judgment to objective facts, but also the legal judgment errors, but the program has gone through procedures closely linked to litigation error. I try to analyze the concept of wrongful conviction in three aspects: fact, law, and procedure.The second part mainly analyzes the reason of wrongful conviction in the view of investigation act. The mechanism is that illegal Investigation acts cause illegal evidence and then the chain of evidence is not complete.The third part analyzes the specific reasons for unlawful operation of Investigation Acts. The author focuses on the reasons for Investigation Acts. Causes unlawful Investigation Acts include the value of the conceptual level, the loopholes in the investigation system and insufficient supervision.The fourth part focuses on the measures the United States, France and Japan and other countries take For example, the investigation of the presumption of innocence, to enhance transparency and plea bargaining and other acts of Investigation.The fifth part try to propose measures to prevent wrongful conviction in the view of investigation act based on the Condition of our nation.