刑事冤案发生的深层认识原因剖析——以刑事审判为分析视角

Analysis about Reason of Deep Cognition Which Caused the Criminal Unjust Cases——in Perspective of Criminal Trial

刑事冤案是最大的司法错误,其原因极其复杂、多样。但蕴藏于司法人员思想深处的认识才是其最深刻的原因。仅从刑事审判的角度进行剖析,存在于部分审判人员思想深处的认识原因主要是:对于审判活动在防止刑事冤案中的特殊地位和重要作用缺乏深刻的认识,主要表现为错案不可避免论和错案责任共担论;无罪推定、疑罪从无的现代司法理念尚未真正树立,疑罪从有、从轻的观念还有相当的市场;对辩护律师在防止冤案中的特殊作用缺乏正确的认识和应有的重视。

The unjust cases are the biggest judicial mistakes, which caused by complicated and various reasons. However, the most profound reason is the reason of judicial officials＇ cogni- tion held in their deep thoughts. Just in the perspective of criminal trial, the reason of cognition which exists in judicial officials＇ deep thoughts is mainly that： lack of profound cognition on the special position and important effect of trial activities in the prevention of unjust cases, which are mainly shown as the theory of inevitable wrongful convictions and theory of shared responsibility for wrongful convictions; the modern judicial ideas of ＂Presumption of Innocence＂ and ＂No Pun- ishment in Doubtful Cases＂ are still not established; lack of correct cognition and deserved atten- tion on the special effect from criminal defense lawyers for prevention the unjust cases.