侦查取证环节存在的问题及对策研究——兼论侦查取证规则的确立

The Problems of Collecting Evidence in the Process of Criminal Investigation and their Countermeasures——Also on the Perfection of the Rules of Evidence Collection in Criminal Investigation

近年来,对错案的讨论成为热点,这在一定程度上反映出刑事证据法律规则的缺失导致对侦查取证的监控和管理不力。司法实践中在证据的收集、固定、保管等方面存在不少问题,为此需要在分析侦查取证环节常发问题的成因的基础上,进一步探讨完善侦查取证的对策,并对确立侦查取证规则的相关基础理论进行反思。

In recent years,gossips about misjudged cases have become a hot spot,which to some extent shows the shortage of legal rules concerning criminal evidence leads to ineffective criminal supervision and management of evidence collection in criminal investigation and quite many problems in collecting,locating and keeping evidence in judicial practice.Therefore,it is necessary to analyze the causes of problems that frequently occur in the process of criminal investigation and further probe into countermeasures to perfect the procedures of evidence collection,which leads to reflection on related fundamental theory concerning the rules of evidence collection in criminal investigation.