侦查取证的缺陷及其矫正

Shortcoming of Evidence Obtaining in Detection and Its Rectification

证据是刑事侦查的核心和刑事诉讼的基础,从某种意义上说,刑事侦查与刑事诉讼过程就是收集、保全、审查判断及运用证据,认定案件事实,惩处犯罪的过程。目前,刑事案件办案质量不高、侦查取证效率偏低是由多方面因素造成的,其中既有侦查人员证据意识薄弱的因素,也有侦查机制和诉讼结构存在缺陷的原因。我们可以从侦查取证存在的问题与成因及其相应对策的角度出发,提出强化侦查人员证据意识的途径以及推动相关立法、诉讼体制改革与完善的一些分析与思考。

Evidences are the core of criminal detection and the basis of criminal procedure. In a sense, the procedure of criminal detection and criminal procedure are just the course of evidences collection and obtaining, securing, investigation,judgment and application, cognizance of the case evidences and punishing the criminals. At present, the qualities of the criminal cases are not good enough, and the relatively low efficiency in detection evidence obtaining is caused by various factors, some can be due to weak evidence consciousness of the detective personnel, and some due to the shortcoming of detection mechanism and criminal procedure. The article proposes, from the angle of problems in detection evidence obtaining and its cause, and its relevant countermeasures, the accesses of strengthening detective personnel evidence consciousness, further more in raising some analysis and reflection for pushing forward relevant legislation, criminal procedure reforming and development.