错案生成机理浅析——以侦查风险决策为视角

Analysis on the Causes of Misjudged Cases——From the Perspective of Investigative Risk Decision

侦查中有限信息条件下的风险决策是常态。考察侦查风险决策中的概率判断、信息因素、认知心理及反馈机制,可发现错案风险或在侦查风险决策中萌芽和产生,或在侦查风险决策中强化和演化。要防控错案,侦查风险决策除应避免思维定势、认真处理信息、确保反馈及时有效外,还应重视证据的外在把关。

Hypothesis accessible to truth are always proposed in more than one version, which means risk decision based on limited information serves as a frequent mechanism in the process of criminal investi-gation. Although risk decision may incur risks that result in wrongfully convicted cases as we may call it, yet sound decision can undoubtedly reduce such risks to minimum. Therefore, for the sake of injustice-pre-vention, risk decision should involve avoiding biases effectively, screening information conscientiously, and handling feedback promptly, as well as serious self-check through evidence in particular.