对当前犯罪现场勘查见证制度的反思

Reflection on Witness System of the Current Crime Scene Investigation

犯罪现场遗留有重要的作案信息,通过对犯罪现场的勘查,能够获取刑事案件诉讼所必需的证据。随着"两个规定"的实施和庭审制度的改革完善,犯罪现场勘查程序是否合法、提取物证是否具有法律效力,逐渐成为庭审关注的焦点,也对当前犯罪现场勘查见证制度提出了挑战。本文从解析当前犯罪现场勘查见证制度入手,通过对其现状和弊端的反思,提出重建犯罪现场勘查见证制度的对策,以期为侦查机关刑事执法活动提供指导和借鉴意义。

We can obtain needed evidence of criminal litigation through the exploration for crime scene which has remained important crime information. With the implementation of the two ＂Regulations＂ and the reform and perfection of trial system, it has gradually become the＂ focus of attention of the court whether the procedure of crime scene investigation are legal and extracting evidence has legal effect, then also proposed challenge to the witness system in criminal scene investigation. This article puts forward the countermeasures to rebuild the crime scene investigation witness system by analyzing current crime scene investigation witness system and reflecting its present situation and malpractice, in order to provide guidance and reference for detecting criminal law enforcement activities.