On The Control Of Criminal Misjudged Cases In The Investigation Stage

Criminal misjudged cases repeat a lot which not only greatly damage the credibility of the judiciary but also impede the establishment of judicial justice.Since in China misjudged cases happen frequently in the investigation stage instead of others,this paper intends to analyze the reasons of it and put forward the corresponding suggestions to correct it.This article is divided into three parts as followings:The first part of this paper is the definition of criminal misjudgment and determines the specific scope of the criminal misjudged cases in the investigation stage.Based on the academic schools of misjudged cases and the criteria for defining criminal misjudged cases,criminal misjudged cases can be defined as the cases in which under the condition that the application of law or the affirmation of case fact is wrong or serious violation of legal procedures legal right of the party is damaged,and such judicial action can be seemed as prohibited by the subsequent judicial procedural activities.whats more,the author of this paper divides the criminal misjudged cases into several parts according to different classification standard,and on the condition of this classification of the criminal misjudged cases in the investigation stage includes two parts,the criminal misjudged cases include mistakes only happen in the investigation stage(not in following procedure),and the other type that the case includes mistakes happen both in and after the investigation stage.The second part mainly analyzes the happening reasons of the criminal misjudged cases in the investigation stage.Based on the conclusion of the first part,the author consider the police security investigation system as the main subject part.Firstly starts the analysis of the point from the internal policy and rule part.This part includes that the weak of supervision function of the pre-trial hearing system,the useless of the internal supervision system,the unscientific appraisal system of the performance,and immature of the investigators training system.And the following part is from the outside factor aspect the imperfect of criminal procedure provisions,the wrongly practice of "from people instead of from the case",the Weakness of criminal defense system,and lack of supervision of protectorate.The third part is the core content of this article.The author in this part attempts to establish the controlling system of criminal misjudged cases in investigation stage.First of all,our country should establish the principle of "the doctrine of the presumption of innocence"and "the doctrine of mandatory investigation legally"in lawmaking and in practice;Second,based on the principle above,from the micro-level aspect,the three ways of correcting the criminal misjudgment are improving the pre-trial hearing system,establishing a scientific and reasonable performance appraisal system and focusing on the training of the legal literacy;Finally,from the macro-level,the paper puts forward some suggestions on the establishment of the judicial review system,the protection of the effectiveness of the system of criminal advocacy during the investigation stage and the strengthening of the procurator supervision and so on.Under the condition that the control mechanism plays a big role in both internal and external criminal procedure system,the reform of the trial center policy can be promoted,and we can control and correct the occurrence of criminal misjudged cases.