| Criminal investigative error is the subject of the criminal investgative theory and practice which can not be avoided.But domestic research on this subject shows its weakness which lacks systemic method,such as research in falsely executing the law,for example to prevent torture;or summarizing the experience;or research in errors found in some phases,for example to prevent logic error in investigation.In additional,more attention should be paid to the internal factor affecting the investigation behavior.the research should be integrated under the same perspective.The reason can be well revealed by quoting behavior science.The error can be saw as the outcome of the investgation beavior,So the key point is to reveal the possible reseaon of the criminal investigative error.Behavior science is a kind of discipline group which take the behavior as the research object.It include psychology,sociology and administration theory etc.On the view of the behavior science,behavior is the conception without value judging.In order to interpret and prognosis people's behavior,behavior science adopt positivism and quantitative analysis method I.For investigation research,this method increases the maneuverability and predictability of investigative behavior,the understanding of the investigaitve errors will be more objective,and thenect step is to set up the prevention and correcting mechanism.if this method applies to the investigaitve practise,it will be useful for investigation department to enact the investigative norm,so that the errors will be decreased and the efficiency will be increased.In additional,performance management can be improved and the tendency that"nothing but arresting the suspect is success" can also be corrected.This article is divided into five parts,a total of more than 36,000 words.The first part is to illustrate what criminal investigative error is,include:the definition of the criminal investigative error;how to understand the criminal investigative error on the view of the behavior science which can be divided into two types:truth--finding error and law excuting error,the reason of the error can be divided into two types:individual factor and organization factor.The second part analyses truth--finding error.include:individual factor and organization factor.In addtion,because of the special factor of the truth--finding error,the investigative tool ,namely risk in the investigative scientism is the important part of the research.The third part illustrates law--excuting error.For the reason that fact is the foundation of the law--excuting,so the factor of the truth--finding error also belongs to factors of the law-- excuting,but on the view of the behavior science,organization culture plays an important role in the law--excuting,this is an important part to researsh.The forth part, after the illustration of the reason,presents the prevention idea of both truth--finding error and law--excuting error. The last part presents the alarming mechnism,this is a new idea including alarm method and alarm body. |
