浅谈公安机关错案责任追究制度

公安机关错案是指在侦查活动中,公安民警由于故意或过失违反法律规定而办理的依法应予纠正,并应追究违法责任的案件。它具有主体特定性、主观过错性、行为违法性、后果危害性和应受惩罚性等特征。公安机关建立错案追究制是提高民警素质,加强公安队伍建设的需要,是公安工作适应国家法律建设总体需求的需要,是解决公安执法与法律要求不相适应的需要,是提高工作透明度,加强内部监督的需要。建立错案追究制应遵循科学、合法的原则;实事求是,有错必究的原则;区别划分,责任自负的原则;人人平等原则;教育与处罚相结合的原则;处罚公开原则。

A Discussion about the Responsibility Investigation System of the Misjudged Case in Public Security Organ

Misjudged case in public security organ refers to the one that in investigative activity, the public security police, on account of intention or negligence, handle violating legal regulations and should be corrected according to law, and the unlawful responsibility of which should be found out. It has the following characters: the main body is specific, the subject is wrong, the conduct is unlawful, the consequence is pernicious and should be punished. The purpose for the public security organ to establish misjudged case investigation sysytem is to meet the demand to improve the police quality and strengthen public security contingent construction, to adapt public security work to the overall needs of the national legal construction, to solve the problem that public security law enforcement doesn' t conform to the legal requirement, and to enhance the working transparency and strengthen the internal supervision. To establish the misjudged case investigation system, we should comply with the scientific and lawful principle, practical and realistic principle and that that every wrong will be righted, the principle that the responsibility should be respectively distinguished and allocated to individuals, the principle that every man is equal, the principle that education should be combined with punishment, and the principle that punishment should be open.