刑案假象成因论

The Causes of Criminal Illusion

刑案假象是对案件事实真相歪曲的、虚假的反映,既有把侦查工作引入歧途的一面,又有将侦查工作引向深入的一面,关键问题在于刑案假象能否被侦查人员正确地识别和揭露。在对刑案假象进行深入识别之前,对其形成原因进行分析是十分必要的。刑案假象的成因,按照假象形成主体的不同大致可以分为作案人因素和案件偶然因素。作案人因素主要包括趋利避害心理的驱动、罪责感的影响、侥幸心理的促进和模仿能力的强化,案件偶然因素主要包括无关人员的介入、自然条件的影响和案件周围环境的影响。

Criminal illusion is distorted and false reflection of ease fact. It can lead investigation too far failed, as well as lead investigation further. The key problem is whether criminal illusion can be identified and disclosed. It is very necessary to analyze the causes before further identifying. According to different subjects, the causes of criminal illusion can be divided into the factors of criminals and the accidental factors of ease. The factors of criminals are mainly that impel of profit and avoid loss, the effect of culpability sense, the promotion of trusting to luck, and strengthen of imitative ability. The accidental factors of case are mainly that the intervention of irrelevant person, the effect of natural condition, and the effect of case＇s circumstance.