Investigate The Legislative Perfection Of The Criminal Misjudged Prevention System

On December 2,2016,the Supreme People's Court declared that Nie Shubin was not guilty,and Nie Shubin,who was included in the 21-year-old Meng Xibin,was eventually exposed to snow.Looking back at the Nie Shubin case,the lingering "strike-hard" legacy,legislative ideas,and legislative techniques that were behind the1979 Criminal Procedural Law and its supporting systems were considered to be an important cause of the case of Nie Shubin.However,in the legislative conception and legislative techniques have been improved,and the prevention of criminal miscarriages has become a social consensus today,the root cause of the case of the Nie Shubin case still actually exists.The in-depth discussion of these fundamental causes is the starting point of this article.First,this paper sorts out a series of measures taken by China to prevent criminal cases at the present stage,and believes that these documents in the form of “policy”and “norm” are often difficult to be used in judicial practice due to their lower rank than the law.Cited,its judicial effectiveness is limited.Moreover,although administrative forces can urge law enforcement and judicial workers to produce clear short-term effects in accordance with the law and justice,it is worth pondering whether the long-term is still effective.Second,based on a large amount of primary data,this article comprehensively analyzed the case of Nie Shubin and found that the objective reason for the occurrence of the Nie Shubin case was that the litigation efficiency was higher than the fair value choice at that time.The subjective reason was that the investigators did not comply with the law.Caused the public,prosecutors,and the three agencies to handle the case when there is insufficient control and cooperation.In fact,these chronic illnesses that exist in our country's judicial system have not yet been eliminated,and in practice have caused the implementation of the criminal mistrial prevention system.Third,this article believes that the difficult to eliminate the judiciary system maps the shortcomings of China's criminal misconduct prevention mechanism at the stage of emergence,and these inadequacies are the incentives that may lead to criminal misconduct.The criminal wrongdoing prevention mechanism includes the contents of the criminal wrongdoing prevention system and the criminal wrongdoingprevention system.The criminal wrongdoing prevention system is the basis for the normal operation of the criminal wrongdoing prevention system.The criminal wrongdoing prevention system itself also needs to be properly constructed in order to maximize the use of the criminal wrongdoing prevention system.The role of the law is just like the good law is the basis of good governance.Good governance itself also needs to have a reasonable way to make the best laws work.Therefore,this paper focuses on making up for the lack of legislation in the criminal misdeeds prevention system and discusses the ways to improve the criminal misdeeds prevention system in China.Fourth,this article believes that arrest is the most severe criminal mandatory measure.Wrongful arrest will cause investigative authorities to make a difficult situation and lay a hidden danger for the formation of a wrong case.Evidence is the main line of criminal proceedings,and the good operation of the evidence system is a litigation activity.According to the important basis of the law,the defense lawyer is the guardian of the legal rights of the criminal suspect,and it is also an important part of the isometric triangle in which the prosecution,defense,and trial are constrained to balance.In the absence of justice,justice is difficult to achieve.However,the criminal arrest rate in China is still high at this stage,and the theoretical discussion and practical implementation of the rule of exclusion of illegal evidence are met with the situation of advancing fires and the defense rights of defense lawyers are still difficult to effectively protect.This article believes that the root cause of the problem lies in the insufficiency of the legislation itself,and the suggestion to perfect it.It is the end of this article.