论当代刑事冤案产生原因及防控机制的构建
发布时间：2018-12-15 22:34
【摘要】：2013年1月1日，修订后的《刑事诉讼法》实施，“尊重和保障人权，罪刑法定、疑罪从无、证据裁判”等原则逐步走进视野。最高法院于2013年11月21日发布《关于建立健全防范刑事冤假错案工作机制的意见》，从五个方面提出27条具体的意见，意图把好司法的最后关卡，尽量的减少冤假错案，实现司法公正。2014年3月，最高法院院长周强在“两会”的工作报告中指出：各级法院依法宣告825名被告人无罪。这个数字中包括一些被平反的冤案。因此，大量曝光的冤案使我们警醒，虽然说各国的司法史上都少不了错案的阴影，似乎刑事诉讼的构造必然会引发冤案的发生。但是，如果我们认真地审查这些冤假错案件发生的原因，就可以为以后的司法实践中减少冤案的发生有所裨益。 本文以近年来的冤案案例为基础，，以刑事诉讼法内容和最高法的相关规定为依据，着重探讨冤案发生的必然性、我国发生冤案的特殊性、以及如何预防冤案的发生，最后文章还对冤案的发现机制做了一定的反思。力求为以后公检法三机关的权力运行以及办案方法的修正提供相应的建议，使刑事司法更进一步。本文主要包括四章内容： 第一章为冤案问题的提出。第一节主要是对本文所研究的刑事冤案进行界定，以及本文所研究的冤案与其他类似的法律概念的区分。第二节中主要分析了当代刑事冤案的特点和价值，笔者通过表格的形式分析近年来的经典案例，从而得出冤案的特点。第三节中主要是介绍现行的一些法律法规是如何防止冤案发生的。 第二章为冤案发生的原因探析。第一节为冤案发生的必然性。笔者以美国的错案纠正的统计表格来说明在司法体制较健全的美国也存在大量的冤案，从而得出冤案的发生有其必然原因。第二节本文主要论述中国刑事冤案发生的特殊性，由于发生冤案的原因较多，笔者在此仅抓住主要原因进行论述。具体包括我国刑事诉讼的构造、审前程序的特点、庭审面临的困境以及法律的工具性和难以抗拒的外部压力。第三章为刑事冤案的防控机制。主要是根据第三章的原因的基础上，在现有的司法体制的框架内进行司法改良。主要包括司法理念的更新、科学界定刑事诉讼的构造、审前阶段的权力规制以及在对抗式庭审下进行角色的重新定位。这样就将刑事诉讼的整个全过程进行了一次疏通，从案件的立案、侦查、审查起诉、审判等各个环节进行环环相扣，以现有的司法制度为基础，循序渐进的改，实事求是的变。最后一节为冤案发现机制的再思考。根据近年来冤案的特点可以看出大部分冤案都是属于被动的发现，我国没有专门的发现机制。主要依靠再审程序将冤案的发现与审判的权力集中于司法机关，也就导致纠正的不利。因此，笔者对我国的冤案发现机制提出了一些设想。
[Abstract]:On January 1, 2013, the revised Criminal procedure Law was put into practice, and the principles of "respecting and protecting human rights, legally prescribed for a crime, suspected crime from non-existence, evidence adjudication" came into view step by step. On November 21, 2013, the Supreme Court issued the opinions on establishing and perfecting the working Mechanism for preventing Criminal falsehood and wrongs, which put forward 27 specific opinions from five aspects, with the intention of reducing the number of misdeeds and wrongs as far as possible by putting the final hurdle of good administration of justice at the end. In March 2014, President Zhou Qiang of the Supreme Court stated in a report on the work of the "two sessions" that courts at all levels had acquitted 825 defendants in accordance with the law. This figure includes some wrongs that have been vindicated. Therefore, a large number of misdemeanor cases make us alert, although the judicial history of countries can not be without the shadow of wrong cases, it seems that the structure of criminal proceedings will inevitably lead to the occurrence of wrongs. However, if we carefully examine the causes of these wrongs and wrongs, it will be helpful to reduce the occurrence of grievance in judicial practice in the future. Based on the cases of injustice in recent years, the content of criminal procedure law and the relevant provisions of Supreme Law, this paper focuses on the inevitability of the occurrence of grievance, the particularity of the occurrence of grievance in our country, and how to prevent the occurrence of grievance. Finally, the article also makes a certain reflection on the discovery mechanism of injustice cases. It aims to provide corresponding suggestions for the power operation of the public security bureau, procuratorate and court, and the amendment of the handling method, so as to make the criminal justice further. This paper mainly includes four chapters: the first chapter is the issue of injustice. The first section mainly defines the criminal injustice cases studied in this paper and distinguishes them from other similar legal concepts. The second section mainly analyzes the characteristics and value of the contemporary criminal injustice, the author through the form of table analysis of the classic cases in recent years, so as to obtain the characteristics of the grievance. The third section mainly introduces the existing laws and regulations how to prevent the occurrence of grievance. The second chapter is the analysis of the causes of injustice cases. The first section is the inevitability of injustice. The author uses the statistical table of error correction in the United States to explain that there are a large number of wrongs in the United States, where the judicial system is relatively sound, so as to conclude that there are certain reasons for the occurrence of the wrongs. The second section mainly discusses the particularity of criminal injustice cases in China. It includes the structure of criminal procedure in our country, the characteristics of pretrial procedure, the predicament of trial, the instrumentality of law and the irresistible external pressure. The third chapter is the prevention and control mechanism of criminal injustice. On the basis of the reasons in Chapter 3, judicial improvement is carried out within the framework of the existing judicial system. It mainly includes the renewal of judicial idea, the scientific definition of the structure of criminal procedure, the power regulation in pretrial stage and the role reorientation under the adversarial trial. In this way, the whole process of criminal proceedings has been dredged once, from the case filing, investigation, examination and prosecution, trial and other links to link each other, based on the existing judicial system, gradual and practical changes. The last section is the reconsideration of the mechanism of grievance discovery. According to the characteristics of grievance cases in recent years, we can see that most of them belong to passive discovery, but there is no special discovery mechanism in our country. Mainly relying on the retrial procedure to concentrate the power of discovery and trial on the judicial organ will lead to the disadvantage of redress. Therefore, the author puts forward some tentative ideas on the mechanism of our country's grievance discovery.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.2
本文编号：2381390
[Abstract]:On January 1, 2013, the revised Criminal procedure Law was put into practice, and the principles of "respecting and protecting human rights, legally prescribed for a crime, suspected crime from non-existence, evidence adjudication" came into view step by step. On November 21, 2013, the Supreme Court issued the opinions on establishing and perfecting the working Mechanism for preventing Criminal falsehood and wrongs, which put forward 27 specific opinions from five aspects, with the intention of reducing the number of misdeeds and wrongs as far as possible by putting the final hurdle of good administration of justice at the end. In March 2014, President Zhou Qiang of the Supreme Court stated in a report on the work of the "two sessions" that courts at all levels had acquitted 825 defendants in accordance with the law. This figure includes some wrongs that have been vindicated. Therefore, a large number of misdemeanor cases make us alert, although the judicial history of countries can not be without the shadow of wrong cases, it seems that the structure of criminal proceedings will inevitably lead to the occurrence of wrongs. However, if we carefully examine the causes of these wrongs and wrongs, it will be helpful to reduce the occurrence of grievance in judicial practice in the future. Based on the cases of injustice in recent years, the content of criminal procedure law and the relevant provisions of Supreme Law, this paper focuses on the inevitability of the occurrence of grievance, the particularity of the occurrence of grievance in our country, and how to prevent the occurrence of grievance. Finally, the article also makes a certain reflection on the discovery mechanism of injustice cases. It aims to provide corresponding suggestions for the power operation of the public security bureau, procuratorate and court, and the amendment of the handling method, so as to make the criminal justice further. This paper mainly includes four chapters: the first chapter is the issue of injustice. The first section mainly defines the criminal injustice cases studied in this paper and distinguishes them from other similar legal concepts. The second section mainly analyzes the characteristics and value of the contemporary criminal injustice, the author through the form of table analysis of the classic cases in recent years, so as to obtain the characteristics of the grievance. The third section mainly introduces the existing laws and regulations how to prevent the occurrence of grievance. The second chapter is the analysis of the causes of injustice cases. The first section is the inevitability of injustice. The author uses the statistical table of error correction in the United States to explain that there are a large number of wrongs in the United States, where the judicial system is relatively sound, so as to conclude that there are certain reasons for the occurrence of the wrongs. The second section mainly discusses the particularity of criminal injustice cases in China. It includes the structure of criminal procedure in our country, the characteristics of pretrial procedure, the predicament of trial, the instrumentality of law and the irresistible external pressure. The third chapter is the prevention and control mechanism of criminal injustice. On the basis of the reasons in Chapter 3, judicial improvement is carried out within the framework of the existing judicial system. It mainly includes the renewal of judicial idea, the scientific definition of the structure of criminal procedure, the power regulation in pretrial stage and the role reorientation under the adversarial trial. In this way, the whole process of criminal proceedings has been dredged once, from the case filing, investigation, examination and prosecution, trial and other links to link each other, based on the existing judicial system, gradual and practical changes. The last section is the reconsideration of the mechanism of grievance discovery. According to the characteristics of grievance cases in recent years, we can see that most of them belong to passive discovery, but there is no special discovery mechanism in our country. Mainly relying on the retrial procedure to concentrate the power of discovery and trial on the judicial organ will lead to the disadvantage of redress. Therefore, the author puts forward some tentative ideas on the mechanism of our country's grievance discovery.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.2
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