论我国刑事错案的成因及解决机制

On Causes and Settlement Mechanism of Misjudged Criminal Cases

由于各种因素影响,我国刑事错案时有发生。错案的发生不仅严重侵害公民的合法权益,也使刑事诉讼的目的无从实现。司法体制不健全、无罪推定原则的缺失、不合理的证人出庭制度等都是导致我国刑事错案发生的根本原因。因此,必须进一步健全司法体制,完善刑事诉讼的相关制度并转变执法理念,将错案遏制在最小范围内,最终促成立法的不断完善。

At present, misjudged criminal cases occur frequently in our country because of various factors, which not only infringe the legal rights and interests of citizens, but also make the purpose of criminal proceeding hard to be realized. The reasons which cause misjudged criminal cases include many sides： the imperfect judicial system, the deficiency？of the presumption of innocence and the unreasonable system of witness testimony at court. Therefore, to solve these problems, we should improve our judicial system, perfect the criminal litigation system and change our ideas of law enforcement so as to make misjudged cases occur at a minimum extent, and finally make our legislation more perfect.