论“狱侦耳目”制度被滥用的危害及对策

The Harm and Countermeasures of the Intelligencer in Prison System's Abuse

"狱侦耳目"制度被滥用的危害长期以来被人们所忽视。"狱侦耳目"制度作为一项刑侦手段,有可能异化为变相的刑讯逼供,破坏监管秩序,或者引诱犯罪,从而影响司法公正,危及法治的实现和人权的保护。为防止"狱侦耳目"制度被滥用,首先应该在立法层面对此项制度的适用范围作出严格限制;其次法官在司法过程中应对由"狱侦耳目"作出的证人证言谨慎对待,最后即使必须使用"狱侦耳目",也应对他们进行必要的培训和考试,若有违法行为应追究刑事责任。

It has been long neglected that the harm of the a means of criminal investigation, this system may become a system of Intelligencer in Prison that is absued. As disguised form of extort confessions by torture, disrup- ting the order of prison administration, or induce others to crime. Therefore, it may undermine judicial justice and threaten the realization of the rule of the law and the protection of human rights. In order to prevent this situation, the first thing is to make strict limitation to its applicable scope at the legislative level; then the testimony of the Intelligencers in Prison should be treated with caution by the judges in the judicial process; finally, even this system must be applied, intelligencers should achieve necessary trainings and exams, and they should bear the criminal responsbilities if they violate laws.