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The Strategy Research Of Misjudged Case Prevention Measure In Criminal Investigation Procedure

Posted on:2018-02-19Degree:MasterType:Thesis
Country:ChinaCandidate:Y W HeFull Text:PDF
GTID:2416330566465299Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,there have been some high-profile cases of social attention,Such as Li jiuming case,Du peiwu case,She xianglin case,Nie shubin case...These cases are all wrong,and they are criminal error cases.The scope of criminal error cases is more widespread and the consequences are more serious.Some can make mistakes that rob them of their freedom,and they may even mistake the lives of innocent people.So they are getting a lot of attention.They raise the theoretical and practical circles to prevent the error cases in criminal investigation procedure.In this context,this paper focuses on preventing the error cases in criminal investigation procedure.This paper mainly studies the current situation,the harm and the cause of the error cases in criminal investigation procedure and the countermeasures.The author hopes that the research of this paper will promote the development of theoretical research in the field of crime prevention.The author hopes that the study of this paper will provide the necessary reference and reference for judicial organs,especially investigation organs.Our country has been perfecting legislation and improving the judicial environment.In particular,our country improves the investigation work environment.However,the error cases in criminal investigation procedure still exist.There are four main reasons for the error cases in criminal investigation procedure.There are some wrong judicial ideas.These wrong judicial ideas include the judicial philosophy of "heavy entity,light procedure",the judicial philosophy of excessive pursuit of oral confession and the judicial philosophy of not protecting human rights.There are some flawed systems.These systems include the interrogation regimes,the illegal evidence exclusion rules and the defense systems.There are some flawed human factors.These factors include the professional literacy deficiencies and business disability.There are some improper external influences.These effects include the lack of external oversight and the external pressure.The error cases in criminal investigation of our country procedure in the investigation stage,the evidence stage and the economic less developed area the probability of occurrence.The number of error cases caused by illegal forensics is the most and the worst.The error cases in criminal investigation procedure can seriously damage the legal rights and interests of the prosecution.The error cases in criminal investigation procedure can severely reduce the efficiency of litigation.The error cases in criminal investigation procedure will severely damage the judicial justice and the authority of law.The error cases in criminal investigation procedure will affect social stability and development.Hence,preventing the error cases in criminal investigation procedure is not only necessary but also necessary.To address these problems,we should strengthen prevention from the following four aspects.We should elevate the concept.We should establish the concept of guaranteeing human rights,judicial justice and procedural law.We should improve the system.We should improve the mechanism of interrogation,the elimination of illegal evidence and the system of defense.We should strengthen internal management.We should improve the professional quality and business capacity of the investigators.We should strengthen external norms.We should improve the supervision system and improve the external environment.We take a series of countermeasures.These countermeasures will strengthen our preventing the error cases in criminal investigation procedure.
Keywords/Search Tags:the error cases, Investigation, prevent, the procedure
PDF Full Text Request
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