Research On Common Anti-investigation Behaviors In Homicide Cases

Homicide is a serious crime.In order to cover up the truth,it is possible for the perpetrators,the persons who related to the perpetrators and the persons who related to the hypothetical crime to carry out anti-investigation behaviours to seek profits and avoid harm.And with the development of the society,the degree of intelligence of crime and the frequency of anti-investigation behavior in homicide cases become higher and higher,which makes the research on anti-investigation behavior more significant.This article is divided into five parts,about 30,000 words except the introduction.The first part is about the differentiation and analysis of the concept of anti-investigation behavior.This part differentiates and analyses some concepts of anti-investigation behavior by comparing those concepts.On this basis,the author discusses and defines the subject,purpose,object and time of anti-investigation behavior in the background of the amendment of the Constitution and the promulgation of the National Supervision Law.The second part is about the classification of anti-investigation behavior.First,this part lists the common classifications of anti-investigation behavior in the current academic circles.Then the author classifies anti-investigation behavior into evidence-based anti-investigation behavior and clue-based anti-investigation behavior according to the different objects of anti-investigation behavior which refers to the research results of the first part about the object of anti-investigation behavior.Compared with the first part,this part is progressive and patulous.By classifying the anti-investigation behavior,this part reveals the essence of the object of anti-investigation behavior,and prepares for the enumeration of anti-investigation behavior.The third part lists the common evidences,clues and specific expressions of anti-investigation behavior in homicide cases.This part is the development of the second part about classification of anti-investigation behavior.This part illustrates the common evidences and behaviors of evidence-based anti-investigation behavior,such material evidence,documentary evidence,witness testimony,audio-visual materials,electronic data.And this part also illustrates the common evidences and behaviors of clue-based anti-investigation behavior,such psychological trace,smell source and psychological test(lie detection)conclusion.The fourth part analyses the reasons for the high incidence of anti-investigation behaviors in homicide cases.The criminal law punishing homicide severely,the anti-investigation behavior subject realizing the seriousness of homicide crime,the psychology of anti-investigation behavior subject tending to benefit and avoiding harm,the limitations of criminal investigation work,and the anti-investigation behavior subject having way to acquire investigation knowledge andanti-investigation knowledge are reasons which lead to the phenomenon of high incidence of anti-investigation behaviors in homicide cases.The fifth part introduces the identification and countermeasures of anti-investigation behavior,which is also the focus of this paper.On the basis of the illustration of anti-investigation behavior in the third part and the analysis of the reasons for the high incidence of anti-investigation behavior in homicide cases in the fourth part,the author present the identification methods and countermeasures of anti-investigation behaviors.For identify the anti-investigation actions,first,we should start with the object of anti-investigation,find abnormal phenomena and identify anti-investigation behavior;second,we should start with the behavior mode of anti-investigation behavior to identify anti-investigation behavior;finally,we should pay attention to the research of evidence-based and clue-based anti-investigation behavior,and find out the regenerative evidence and regenerative clues.The author also present five suggestions to deal with the anti-investigation behaviors: first,we should strengthen the investigators' suspicion consciousness,observation and analysis ability;second,we should do a good confidential work in investigation and block the way for anti-investigation behavior subjects to acquire investigation knowledge;third,to pay attention to the application of criminal psychological trace analysis technology;fourth,micro-material evidence technology,big data technology and artificial intelligence technology should play a important role;fifth,we should use coercive measures flexibly within the scope permitted by law;sixth,we should pay attention to the theoretical study of anti-investigation behavior,which can promote the development of criminal investigation.