Research On Criminal Injustice From The Perspective Of Investigative Behavior

Investigation is the first point of criminal litigation and the first key stage of litigation.The analysis and research of the investigation stage has the important meaning of preventing and blocking criminal injustice from the source.At its root,the occurrence of unjust cases stems from deviations in the concept of investigation,whether the "suspicious person" has been wrongly identified in the investigation,and the illegal and improper implementation of the investigation.Specifically,on the one hand,when the case-handling personnel determine whether the "suspect" is suspected of a crime,there are deviations in concepts such as subjective consciousness alienation,logical reasoning alienation,etc.Therefore,at the conceptual level,investigators should change the facts of the case from "identification" to "proof" to form evidence-based investigative thinking and achieve a change in the concept of investigation;at the institutional level,it is recommended to establish the right to silence system,Strengthen the standardization of investigative behavior,improve the investigation supervision mechanism and the accountability system for unjust cases,with a view to benefiting the prevention of criminal unjust cases.