The Cause And Prevention Of Wrong Criminal Cases From The Perspective Of Investigation And Interrogation

Misjudged criminal cases have always been the judicial pain of our country.Their existence not only brings great physical and psychological pain to the innocent,but also seriously damages the judicial authority and credibility of our country and destroys the social order.In recent years,with some misjudged criminal cases that have a great impact on society appearing in the newspapers,as a widespread concern of society,misjudged criminal cases should always be paid attention to.Because Investigative Interrogation is an important investigative measure to obtain confessions and crack cases,if illegal or other nonstandard interrogation methods are adopted,not only the rights of suspect will be infringed,but also false confessions will be caused,which will lead to unjust,false and wrong cases.Therefore,from the perspective of Investigation and Interrogation,this paper will focus on the causes of illegal and irregular Investigation and Interrogation,and seek solutions through extraterritorial experience and the development and improvement of China’s Investigation and Interrogation system,so as to prevent the occurrence of criminal misjudged cases due to Investigation and Interrogation to the greatest extent.The first part of this paper analyzes the correlation between investigation and interrogation and criminal misjudged cases by raising questions.Due to the characteristics of investigation and interrogation,in order to obtain confession in a short time,the interrogators often adopt non-standard or even illegal interrogation methods,which makes the confession lose its authenticity and lead to criminal misjudgment By raising questions,it leads to the specific irregularities and solutions of the investigation and interrogation,thus laying the groundwork for how to prevent criminal misjudged cases in the investigation and interrogation stage.The second part of this paper,by introducing the samples selected in this paper,defines the scope of research,analyzes and describes the sample situation,and systematically combs the problems of investigation and interrogation in the selected cases by analyzing 40 cases of criminal misjudged cases caused by illegal and non-standard aspects of investigation and interrogation.The third part of this paper,from the perspective of investigation and interrogation,combines cases and practice to analyze the causes of criminal misjudged cases caused by interrogation,and expounds the problems of investigation and interrogation system: wrong idea of interrogation;Improper interrogation measures;Poor interrogation ability;Poor interrogation and supervision.The fourth part of this paper focuses on the extraterritorial investigation and interrogation system.Through the analysis of the investigation and interrogation system in the countries of continental law system and common law system,based on the actual situation in China,we can draw inspiration from the extraterritorial system selectively.Try to find a new way in legislation,interrogation procedure and interrogation strategy.The fifth part of this paper,based on the consideration of the issues raised above,combined with the experience of foreign countries and the actual situation in China,puts forward suggestions for the improvement of China’s investigation and interrogation system: to protect the interrogated by changing the concept of interrogation through legislation;To prevent extorting confessions by torture through non-contact interrogation;Strengthen the normative consciousness of the subject of interrogation at multiple levels and improve the process of investigation and interrogation through multi-dimensional supervision;Artificial intelligence technology increases the credibility of confession;To avoid the occurrence of criminal misjudged cases caused by investigation and interrogation.