刑事错案的形成与救济——以侦查工作为视角

面对公众对错案的关注与质疑,公安机关不仅是纠正错案、追究相关负责人的责任,更应当反思刑事错案的成因。侦查阶段应强化无罪推定、疑罪从无意识,强化取证、确保队伍执法素质提升,强化走访、确保言词证据真实,完善警察出庭作证制度,细化监督、动态监控确保执法监督最大化,切实通过制度完善、程序遵循等保证执法的公平正义。

On the Causes and Relief Measures of Misjudged Criminal Cases From the Perspective of Criminal Investigation

Being confronted with the public＇s concern and doubt to misjudged criminal cases,the public security organs should not only correct the cases,investigate and affix legal liability of people related to the cases,but also try to find out the reasons of these misjudged cases.In criminal investigation phase,importance should be attached to presumption of innocence,no punishment in doubtful case,evidence collecting,improving the quality of the law enforcement officers,visiting and investigating,ensuring the authenticity of the witness＇s oral evidence.At the same time,perfecting the mechanism of supervision and police serving as witnesses at court will ensure the justice of our law enforcement system.