职务犯罪案件侦查预防非法取证制度研究

Study o n system of preventing illegal evidence gathering in the investigation of job-related crimes

司法实践中,之所以会出现职务犯罪刑事错案,其根源在于侦查阶段的非法取证。现行《刑事诉讼法》确立了非法证据排除规则,对规范侦查取证行为产生了深远的影响。然而,现行法律中关于职务犯罪侦查预防非法取证的构建规制不多,实践效果并不能尽如人意,制度规范的瑕疵给司法工作者带来了不少困扰。唯有从法律规范,取证观念、取证能力等方面不断完善预防非法取证工作机制,方能走出困境。

In judicial practice, the roots of the misjudged criminal case of job-related crimes are the illegal evidence gathering in the investigation. The exclusionary rule of illegal evidences established in the current ＂Code of Criminal Procedure＂ has had a profound impact on regulating the conduct of investigation. However, there are few regulations on preventing illegal evidence gathering in the investigation of job-related crimes in current law, so that the effect in practice can not be satisfied.The flaws of the rules and norms have brought a lot of trouble to the judicial workers. Only to constantly improve the mechanism of preventing illegal evidence gathering in terms of legal norms, the concept of evidence gathering, the capability of evidence gathering and other aspects can step out of the difficult position.