Misjudged Cases And Their Control Path From The View Of Investigation

In recent years, with the advancement of science and technology to improve the level of investigation, the probability of the occurrence of criminal wrong cases is gradually reduced, but still exists in a certain range. Whether Xinjiang Hugejiltu cases, Hubei SHE cases, Henan, Yunnan Du Peiwu Zuohai case or cases, the incidence of criminal wrong cases all have some common characteristics, the investigation stage is the wrong case of multiple stages of the criminal. The formation of criminal wrong case number of reasons, whether it is the cause of the legal system on the issue or the proceedings have exposed our immaturity in criminal wrong case control mechanisms, imperfect. With the newly revised "Code of Criminal Procedure," will "respect and protect human rights," writes General, and to modify the terms of a lot of defense system, evidence system, coercive measures, investigative procedures, our legal system is increasingly focused on For the protection of the rights of criminal suspects, building control mechanism is not only a criminal wrong case to "respect and protect human rights" need theory, it is need to "seek truth from facts, mistakes must be corrected" and "Program rule of law" and other theories.In this paper, a new revised "Code of Criminal Procedure," as the background to the perspective of the criminal investigation procedures, through the investigation procedure and criminal wrong cases occur intrinsically linked analysis to explore the causes of criminal investigation procedures misjudged. Illegally obtained evidence which ideas reasons including traditional confessions standard of legal thinking, attention to the fight against crime contempt of human rights protection, the real importance entity contempt legal procedures in three areas, institutional reasons interrogation flawed system, the lack of a defense system to protect the rights, it is difficult to exclude due to non-standardized operation, including quality defect investigators, the lack of an effective monitoring mechanism, undue influence of outside pressure. On this basis the status of the proposed amendment, the institutional flaws investigation stage conceptual bias correction and standardization to improve the operation of the three aspects of the investigation process, and our criminal wrong case, characteristics, causes and investigation stage of criminal wrong case to build the control path necessity for analysis, seeks to effectively prevent criminal wrong case to maximize avoid, reduce the occurrence of criminal wrong case, undoubtedly has a strong practical significance.