侦查机关侦办命案收集证据存在问题剖析

The Discussion on Questions in Evidence Collection of Homicide Cases in Criminal Investigation

作者对自己近几年参加的有关部门组织的100起检察院不起诉与法院宣判无罪命案进行剖析,在此基础上,进一步对88起"问题"案件进行深入分析,从证据形成和存在状态的自身规律和证据收集的法律规范(证据能力)两个角度,从六个方面,对侦查阶段侦办命案中收集证据工作存在的问题谈一些肤浅看法,以期为相关问题的深入研究和讨论提供一些实证依据。

As a part of their work, the authors recently took part in the programs of homicidal cases and innocent cases organized by related organizations. On the base of the work, the authors analyze 88 eases which were questioned. In this thesis, the authors arrange their experiences in six parts from two perspectives, i.e., the natural law of evidence formation and existence, and the regulatory laws on evidence collection （competency of evidence）. The authors then make some propositions for evidence collection in the investigation of homicidal cases in order to provide some bases for the research and discussion of related issues.