Research On The Responsibility Of The Failure Of Justice In Criminal Investigation

From the moving story of Dou E Yuan,to the countrywide attention of Nie Shubin case,the failure of justice is an unavoidable problem in judicial practice,and it is also a problem of keeping vigilance.The failure of justice not only includes the crime of the investigators,but damages the judicial authority and the citizen's rights and interests seriously as well.Discussing the criminal investigation's failure,doesn't deny the production of the policing work.It is the initial link of the criminal action.Starting from the responsibility of the failure of criminal investigation and studying the original cause of the failure of justice is very important to reduce the failure of justice.This paper is divided into five parts without the introduction and the conclusion.Part one is the summary,which defines the concept and responsibility of the failure of justice in criminal investigation,analyzes and demonstrates the significance of pursuing the responsibility of the failure of justice in criminal investigation,and provides theoretical support for the next discussion.Part two analyzes the cause of the failure of justice in criminal investigation comprehensively from the aspects of system,cognition and the influence of external intervention.Part three shows the embryonic form of the paper,which analyzes concretely and objectively the two forms of the responsibility of the failure of justice in criminal investigation from the substantive responsibility and the procedural responsibility.Part four is the key part of the paper,this part analyzes the problems of substantive responsibility from the aspects of administrative responsibility,disciplinary responsibility,criminal responsibility and civil responsibility.It further plumps the main body structure of the article from the procedural responsibility,with the exclusion of illegal evidence,invalidation and rescission of custody.Part five is about how to realize the responsibility of the failure of justice in criminal investigation.According to the theory and practice at home and abroad,this paper puts forward feasible improvement path and perfect mechanism from two aspects of entity and procedure,which based on the problems existing in the failure of justice in criminal investigation,and aiming at the construction of the procedure and guarantee mechanism.