Study On Preventive Mechanism Of Misjudged Case In Criminal Investigation

The perfect legal system can't stop the occurrence of criminal misjudged cases,but the probability of occurrence can be reduced to the minimum by constructing an effective prevention mechanism.Investigation is the initial stage of the criminal procedure,and is also the hardest hit area of the cause of the criminal misjudged cases.It is of great practical significance to establish a scientific prevention mechanism of criminal misjudged cases.The construction of prevention mechanism is not only to analyze the reasons,but also to strengthen the system construction,and pay enough attention to design the system,so as to make the system work together to play the whole efficiency of the prevention mechanism of the criminal misjudged cases.This paper starts the research from four parts about it:The first part is to pay attention to basic theoretical research.Through legislation investigation,learning from the four elements of the crime constitution theory,this paper tries to define the concept of the criminal misjudged cases on a clear standard basis.At the same time,the rationality of the construction of criminal misjudged case investigation stage prevention mechanism is analyzed,so as to clear the purpose and significance of the research.The second part explains the judicial conditions of criminal misjudged case investigation stage prevention mechanism in China.Regarding the important development process of criminal procedure in China as the point,the legislation condition of the investigation stage of criminal misjudged case prevention mechanism is divided into three stages,and the judicial practice problems in prevention mechanism will also be explained,thus to have a right understanding on its legislation conditions and judicial practice.And then understand that the basic reason of the investigation stage of the criminal misjudged cases is short of prevention mechanism.The third part is to investigate the prevention mechanism of criminal misjudged cases in the United States and Britain,explore and summarize the beneficial parts in the process of the prevention mechanism construction,then our country can get some important enlightenment from it.The fourth part is to put forward some advice for the investigation stage in China criminal crime prevention mechanism.Adhere to the concept of whole design,constructing the system by perfect investigation procedure,strengthen supervision mechanism efficiency,innovation and correction mechanism,so as to make the system work together to play the whole efficiency and achieve its propose.