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The Analysis Of The Development Trend Of Investigation Under The Background Of Trial As The Center

Posted on:2019-06-08Degree:MasterType:Thesis
Country:ChinaCandidate:Q C DiFull Text:PDF
GTID:2416330596452152Subject:Litigation law
Abstract/Summary:PDF Full Text Request
Crime and crime management is a pair of eternal and constantly changingcontradictions.It is our eternal pursuit to elevate the level of criminal governance and control crime within a reasonable limit.We mainly rely on criminal strike and crime prevention to control crime.Criminal crackdown focuses on detecting crimes that have already been committed and reduces the stock of crime.Crime prevention is focused on intervening in criminal cases and reduces crime increases.To achieve crime control,the relatively ideal form is crime prevention supplemented by criminal strikes.In practice,the criminal strikes are mainly manifested in the police on behalf of the state to carry out the investigation,then the cases are convicted and sentenced through the criminal proceedings.Criminal investigation and judicial investigation are two important links that determine the effectiveness of criminal strikes.Therefore,it is necessary to make overall consideration of both,and the ultimate goal is to improve the efficiency and legitimacy of investigation.The traditional criminal prevention is facing the predicament of " taking all factors into consideration but having few pertinent measures,giving prominence to the key factors but without effective results".The deterrent function of criminal strikes is also of a lesser extent.The reality that crime prevention is too hard to defend and defeat led to the crime control modemainly based on investigation in practice.It is both the mission of history and the theme of the times to elevate the ability and level of investigation and turn to the criminal governance structure centered on crime prevention.Under the background of trial-centered criminal procedure system,the level of legalization and actual combat in investigation needs to be improved.The reform of criminal procedure system centered on trial should focus on rectification with the purpose to achieve the unification of procedural fairness and substantive justice,so as to ensure that every outcome of the judicial output against criminal offenses can stand the test of fact and law at the same time as ensuring the effective fight against crime.Under the guidance of this,the first construction of the criminal procedure system centered on trial is to realize the court trial as the center,and the matching is to set up the operation mechanism of public prosecution to guide the investigation,to give instructions in case identification and restrictions and guidance in review and prosecution,so as to constantly improve the effectiveness of investigation,to form a pattern of double hump in investigation and trial and finally to realize the unification of substantive justice and procedural justice in criminal justice.The background of big data and the development of big data technology provide opportunities for enhancing the actual combat level of investigation.Big data is not only a description of the phenomenon of data-based social ecology,but also a general term for the related changes in the fields of technology,value,idea and system.Big data contains infinite potential value and power of change.Big data and investigation have established a close contact with intelligence as a link.DIKIE chain(data,information,knowledge,intelligence,evidence chain)reveals the logic from data to the intelligence so as to lead the investigation to the evidence.Big data drives intelligence-led investigation by driving the construction and development of criminal intelligence,so that it can take the initiative to crack down crimes accurately.the big data driven The construction and development of criminal intelligence help push intelligence to lead the investigation and take the initiative to attack it with precision.Big data provides data resources and analytical technology for the construction of criminal intelligence.The value of prediction of big data is the core driving force of criminal intelligence.The key to intelligence-led detection lies in the analysis and judgment of criminal intelligence,and it finally points to the investigation practice,including the two layers of strategy and tactics.With the mechanism of both intelligence-led detection driven by big data and the prosecution to guide the investigation under the background of trial center being perfect and mature,criminal governance will be gradually mature in the level of crime crackdown,so it is inevitable that the police resources will be shifted to crime prevention as the center.Also,the potential value and huge space of big data for crime prevention will bring crime prevention to the center of the stage.Big data is promising in crime prediction and criminal intervention,and criminal governance will be adjusted to the form of “prevention first,detection secondary”.The main role played by detection will be adjusted accordingly as a corrective mechanism for the crime prevention system so as to help to improve,update and upgrade.In the future,the allocation of police resources will also be adjusted to take prevention as the main business with investigation as an auxiliary and big data-driven intelligence-led policing will gradually improve.At that time,the data for identification of crime risk around each person will become an important strategic resource.Each person should have a database for criminal risk assessment.Families and schools are both important sources of data and important third parties for criminal intervention.Crime prevention will pay more attention to and rely on the participation of third parties to form a synergistic mechanism,and crime monitoring should become the normalization of police operations.
Keywords/Search Tags:trial as the center, public prosecution to guide the investigation, big data, intelligence-led investigation, investigation as an auxiliary to crime prevention
PDF Full Text Request
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