Study On The Causes And Prevention Mechanism Of Criminal Misjudged Cases In Criminal Investigation Stage

In recent years,criminal cases have been repeatedly exposed,which constantly affects the public's heart.Criminal misjudged cases will not only cause irreparable harm to the accused and their families,but also seriously damage the authority and credibility of the judiciary.The investigation stage is the source of investigating criminal cases.The investigation stage needs to collect evidence and save evidence in a serious,careful and rigorous manner.If the investigation agency leaks in this process,it will directly lead to the criminal misjudged case.Therefore,starting from the investigation stage,it is of great practical significance to construct a scientific prevention mechanism for criminal misjudged cases.This article is divided into the following four parts.The first part is "the concept of criminal misjudged case".Based on the practical and theoretical aspects of the concept of criminal misjudged case,this paper combines the purpose of the criminal misjudged case in the investigation stage to clarify the concept of criminal misjudged case.The second part is "Case Analysis of Criminal Misjudge Cases".30 typical criminal cases are selected,and the basic situation of the 30 typical criminal misjudges is displayed through data analysis to further explore the commonality of criminal misjudged cases.The third part is "the cause of the criminal misjudged case in the investigation stage".Based on the commonality of the criminal misjudged case,the author summarizes the causes of the criminal misjudged case in the investigation stage,mainly because the investigators have misunderstandings in the judicial concept,the criminal justice system is flawed,and the defense lawyer is difficult to play the role,the extreme complexity of the facts of the case itself,the ineffectiveness of investigative supervision,and the unreasonable performance appraisal mechanism.The fourth part is the "prevention mechanism of criminal misjudged cases in the investigation stage",which is the focus of this paper.In combination with extraterritorial experience,we must first establish the scientific investigation concept of "human rights protection","presumption of innocence" and "due process".Under the guidance of the science concept,strengthen scientific evidence collection of the investigation stage,attach importance to the power of criminal defense,strengthen the investigation and supervision mechanism,and improve the performance evaluation system of the investigation department.It is hoped that the prevention mechanism can play a role in preventing the occurrence of criminal misjudged cases and maintaining social equity.