Research On The Prevention Of Criminal Wrong Cases At Investigation Stage

Since the 18 th CPC National Congress,efforts have been made to correct unjust,false and wrong cases.Huge case,Chen Man case,Nie Shubin case,Wu Zhou case and other cases have been corrected.With the promulgation of the Opinions of the CPC Central Committee and the State Council on Improving the Property Rights Protection System and Lawfully Protecting Property Rights in 2016,and the convening of the Fourth Plenary Session of the Eighteenth Central Committee,the continuous deepening of the rule of law and the reform and opening up has strengthened the protection of enterprise property rights.The retrial of major property rights cases such as the Zhang Wenzhong case and the Gu Chujun case since 2018,have expanded the battlefield for correcting wrongdoing cases to the field of corporate crime,especially private enterprises.From the protection of personal rights to the protection of property rights,we will further promote the protection of property rights of various ownership enterprises,including private enterprises.However,there is a lack of research on the prevention of wrong cases in the field of corporate crime,and more attention is paid to the prevention and control of criminal risks,and less research is done from the perspective of criminal investigation.This article focuses on the field of corporate crime,how to avoid the wrong cases in the investigation stage,and makes the following demonstrations:The first part is to explain the concept of corporate crime,to define the concept of corporate crime from the perspective of criminology and criminal law,to explore the concept of wrong cases by drawing on the theoretical and practical perspectives,to propose the standard of wrong cases in corporate crime cases,and to advocate the enterprise from the perspective of property rights protection to determine standards,determine the scope of this article.In addition,the value of the prevention of wrong cases in the investigation stage is also analyzed.The investigation stage has important value for the prevention of the source of wrong cases.The second part is the study of typical cases.This article selects the typical publicly released cases of innocence,and analyzes the crimes involved,the elapsed time of correction,the causes of wrong cases,and the implementation of mandatory measures.Summarize the regular of wrong cases in handling of corporate crime cases.The third part summarizes the reasons for the wrong case,the impact of the regional law environment,the investigation work concept and the assessment system,judicial localization,the impact of administrative intervention on the investigation activities,the use of evidence and fact finding deviations,and insufficientprotection of the company's legal rights.The fourth part is to explore the path of wrong case prevention.Based on the characteristics of enterprise criminal cases and the reasons for wrong cases,it proposes improvements from three aspects: Firstly,strengthen the guarantee of independent investigation and handling of cases in accordance with the law,through the implementation of a unified investigator system for hosting investigators,tolerant and prudent law enforcement accountability mechanisms,and improvement of unreasonable assessments,enhance investigators' sense of responsibility and prevent external intervention in handling cases;Secondly,in order to standardize investigation and evidence collection,accurately determine the facts of the case,through the identification and exclusion of illegal evidence,improve the development of judicial appraisal work,improve the method of comprehensive evidence review and judgment,build a special problem identification mechanism,and play a role in the certification system related materials to prove the value Evidence quality,standardize investigation and evidence collection,and accurately ascertain the facts of the case;Thirdly,strengthen investigation supervision and rights protection.Measures such as the necessity of custody review,the mechanism of seizure and review of operational property-related property,and the protection of the right of defense of enterprises shall be implemented to safeguard the legitimate rights and interests of enterprises.Preventing the occurrence of wrong cases in investigating and handling enterprise cases is the proper meaning of the protection of enterprise property rights and helps prevent the risk of wrong cases from the source.