Study On The Mechanism Of Prevention Of Misjudged Case Investigation Stage

With the continuous improvement of investigation level and legal system,the incidence of criminal misjudged cases is gradually reduced.But we should also see,the Criminal Misjudged Case still exist frequently in a certain range.The case of She Xianglin in Hubei,Zhao Zuohai in Henan and Du Peiwu in Yunnan and other Criminal Misjudged Cases reflect some common characteristics,namely the investigation stage is in a high frequency in the process of criminal misjudged cases.The reason of criminal misjudged cases is abundant and complex.Not only immature and imperfect legal system but also the problem exposed in the specific operation of the judicial process indicate that China needs a set of scientific and reasonable misjudged case prevention mechanism.<Criminal Procedural Law>.The very significant principle of respecting and safeguarding human rights is newly revised in 2012 which was concluded in the general principle,in addition,the evidence system,defense system,procedure of investigation,enforcement measures and the trial procedures were heavily modified.In fact,every modification and improvement of the legal system in our country is constantly exploring how to better safeguard the rights of suspects,how to build the rule of law in Chinese dream.While building Criminal Misjudged Case prevention is not only a theory of respecting and guaranteeing human rights but the demand of rule of programming law.The misjudged case investigation Mechanism has established the basic framework at present but it is pity that evidence only to be found in the relevant normative documents.There are still some defects in the judicial ideas and law enforcement.This paper based on the the content of recent research for misjudged case investigation Mechanism,the main purpose is to find out existing problems and puts forward related suggestions to be improved.This paper is on the previous research foundation to continue investigating misjudged case study,and further more trying to consummate our country related aspects of the system and mechanism,in order to reduce the rate of misjudged cases and maintain the social justice.