Research On The Problems Of Investigation Andevidence Collection In Homicide Cases

As the saying goes," A case involving human life is to be treated with the utmost care".The public security organ has always attached great importance to solve criminal cases.There is also a very high detection rate of solving homicide cases in our country.However,in recent years,with the exposure of many appalling crimes as well as non-prosecutions,non-capital crimes and misdemeanor prosecution which are not up to the proof standard of homicide cases caused by the non-standard investigation and evidence obtaining.The quality of homicide cases investigation evidence collection especially the evidence quality needs to be improved.The consequence of every unjust,false and wrong case could be disastrous which means that it would not only cause great hardship and suffering to the parties and their families but also bring on the compromised judicial credibility.At the same time,it dose not comply with the standard of substantial justice that criminals were failed to get the proper conviction and measurement of penalty.The implementation of “Several issues concerning the examination and judgment of evidence in handling death penalty cases” and “Several issues concerning the exclusionary rule of illegally obtained evidence in handling criminal cases”,the modification of the criminal procedure law in 2012 and the reform of the adjudication centralism lawsuit system all bring up the higher request and place a greater demand on handling criminal cases particularly the homicide cases.The investigation and evidence obtaining is the foundation,meanwhile,the detection of homicide cases would also spur the improvement of level in investigating and collecting evidence during handling other criminal cases.Therefore,the quality of investigation and evidence obtaining in homicide cases is of great significance.Based on the practical situation of handling homicide ceases above and the request of judicial reform,this paper centers on the problems appeared during the investigation and evidence obtaining of homicide cases,taking the typical 81 homicide cases which were drove back to the public security organs for supplementary investigation caused by the nonstandard self-correction,prosecution and judgment of investigation organs as well as the cases which were not prosecuted or judged innocent because of the insufficient evidence by the Procuratorial organs as the key,analyzing and carding these cases by utilizing the method of combining theory and practice.Firstly,in order to lay the foundations for making pointed references to implement follow-up investigative measures,the paper discussed the concept and characteristics of homicide cases.Secondly,the paper analyzed the proof standard to which the conclusions of criminal investigation are supposed to achieve.What' more,I would not only unscramble the proof standard which is true and sufficient but also elaborate the necessity of the public security organs to the examination of evidence validity,aiming at establishing the actual target for the investigation and evidence obtaining of homicide cases.Thirdly,I did a survey about the 81 cases collected above and summarized the remaining problems in the process of the current investigation and evidence obtaining,such as the problems of collection,immobilization,investigation and evidence regulation.In the mean time,the analysis of the main reasons for these problems can not be ignored.Fourthly,from the point of investigation practice,this paper came up with the specific measures to solve problems above objectively and subjectively in accordance with the view of adjudication centralism,new criminal procedure law and law enforcement standardization.Finally,I summed up several considerations on the questions of improving the quality of cases.