转型语境下刑事错案的发生与治理——以侦查环节为中心

现阶段要科学评估错案治理现状,须从更广阔的社会场域进行审视。在转型期中国,尽管侦查行为的规范化日益加强、侦查取证能力总体改善,但实践中一些运动化、行政化的错案治理方式依然存在,并是潜在的错案之源。这意味着在新刑诉法实施后,仍需在侦查程序的完善、侦查观念的转变、侦查能力的提升等方面下功夫,而不应偏重法外手段。

Occurrence and Control of Misjudged Criminal Cases in the Context of Transition -A Study Centered around Criminal Investigation

At present, it needs to evaluate the control of misjudged criminal cases from a more comprehensive perspective. Although the normalization of criminal investigation as well as the ability to collect evidences has been improved in China, the wrong ways to control mishandled criminal cases still exist, which are likely to bring out such cases. Therefore, after the new criminal procedure law has been enforced, much attention should still be paid to the improvement of investigation procedure, the change of investigation ideas and the increase of the ability to in- vestigate, rather than other non -legal methods.