刑事“错案观”之理性解读——以王桂荣玩忽职守案为分析样本
发布时间：2018-11-21 07:53
【摘要】：刑事错案观正确与否,取决于我们对司法性质的认识和对司法规律的把握。刑事错案并非简单等同于刑事审判中出现错误的案件,严格意义上的刑事错案限于违背证据裁判规则造成事实认定错误、最终导致无辜者被错误定罪的案件。刑事错案的制度性成因在于法院内部存在院庭长把关、审委会讨论、向上级法院请示的"行政化"管理模式导致"法官不能独立办案",在于以侦查为中心的职权主义造成公安"有案必破"、检察院"刑案必诉"、法院"罪案必判"的"接力"思维而导致"法院不能独立审判"。刑事错案需要法律的救济和纠正,但应当摒弃"有错必纠"的理念以及由此导致的刑事错案必然追责,可以通过"豁免制度"保障法官履行法定职责。
[Abstract]:Whether the view of criminal malpractice is correct or not depends on our understanding of the nature of judicature and our understanding of the law of judicature. Criminal misdeeds are not simply equivalent to cases in which errors occur in criminal trials. In strict sense, criminal misdeeds are limited to cases in which violation of the rules of evidence adjudication results in false identification of facts and ultimately leads to innocent persons being wrongly convicted. The institutional cause of criminal malpractice lies in the fact that there is a guard of the president of the court inside the court, and the judicial committee discusses that the "administrative" management mode of asking for instructions from the higher courts leads to "judges cannot handle cases independently." The reason lies in the power doctrine centered on investigation, which results in the public security "solving the case", the procuratorate "the criminal case must be sued", and the "relay" thinking of the court "the crime must be adjudicated", which leads to "the court cannot be independently tried". Criminal malpractice needs the remedy and correction of law, but it should abandon the idea of "rectifying the wrong" and the criminal error caused by it must be prosecuted, and the judge can be guaranteed to perform the legal duty through the "exemption system".
【作者单位】： 中国政法大学证据科学研究院;中国政法大学县域法治(青州)研究中心;
【分类号】：D925.2
[Abstract]:Whether the view of criminal malpractice is correct or not depends on our understanding of the nature of judicature and our understanding of the law of judicature. Criminal misdeeds are not simply equivalent to cases in which errors occur in criminal trials. In strict sense, criminal misdeeds are limited to cases in which violation of the rules of evidence adjudication results in false identification of facts and ultimately leads to innocent persons being wrongly convicted. The institutional cause of criminal malpractice lies in the fact that there is a guard of the president of the court inside the court, and the judicial committee discusses that the "administrative" management mode of asking for instructions from the higher courts leads to "judges cannot handle cases independently." The reason lies in the power doctrine centered on investigation, which results in the public security "solving the case", the procuratorate "the criminal case must be sued", and the "relay" thinking of the court "the crime must be adjudicated", which leads to "the court cannot be independently tried". Criminal malpractice needs the remedy and correction of law, but it should abandon the idea of "rectifying the wrong" and the criminal error caused by it must be prosecuted, and the judge can be guaranteed to perform the legal duty through the "exemption system".
【作者单位】： 中国政法大学证据科学研究院;中国政法大学县域法治(青州)研究中心;
【分类号】：D925.2
【参考文献】
相关期刊论文 前10条
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