刑事冤错案件责任追究机制研究

Study on the Wrong Accountability Mechanisms of Criminal Cases injustice

刑事冤错案件责任追究机制是维护司法公正的一项重要制度,但是目前该机制存在着追责理念和原则错误、范围和方式模糊不清、机构缺位和队伍欠正规化、责任追究程序缺失、督程序缺失等缺陷。对于该机制目前学界存在着肯定说、否定说和规范完善说三种争论,主流观点认为只有规范完善说才符合司法改革的潮流。应该建立以审判权为中心的诉讼制度,坚持"实事求是、有错必纠"的工作方针,建立科学和完善的责任追究体系,优化外部运行环境,这是构建合理化刑事冤错案件责任追究机制的策略。

Criminal injustice wrong case to safeguard judicial accountability mechanism is an important system fair. However, this mechanism currently exists： Responsibility wrong concepts and principles, scope and modalities of blurred, institutions and the absence of the team owes formalize accountability program deletions, defects such as lack of supervision procedures; for this mechanism currently exists scholars： Positive said negative to say and improvement of standards, said the three debates, but the mainstream view is that the only specification is consistent with the trend of improvement, said judicial reform; the mechanism for criminal justice has a profound impact on the behavior： On the front of the judicial aftermath think it can enhance the administration of justice responsible person, standardize the behavior of the staff of the judiciary, establish the authority of the judiciary, implementation of the concept of equality.On the negative judicial suppression think it suppresses the independence of the judicial staff motivation and justice,affecting the integrity and efficiency of the judiciary; and finally from the establishment of jurisdiction as the center of litigation system, adhere to ＂seek truth from facts, mistakes must be corrected,＂the work policy, establish a scientific and perfect four accountability system, optimizing the external operating environment, rationalization proposal of building a criminal case accountability mechanisms injustice wrong countermeasures and suggestions.