不起诉不定罪命案之证据实证研究

Empirical research on evidence upon which the homicide charges are dropped or no conviction of homicide are entered

"两个证据规定"和修改后的《刑事诉讼法》对证据合法性、证明标准等都提出了新的更高要求,也对司法机关提出了挑战。近年来,命案因证据不足存疑不起诉、未被法院认定有罪的情况不断出现,不但引起了社会关注,也使司法机关面临巨大压力。这些案件暴露出侦查机关侦查取证合法性与规范性不足、检察机关审查起诉把关不严、审判机关对翻供现象认识不够客观,以及司法机关对证明标准把握不统一等问题。存在问题的原因是多方面的,既有意识层面的,也有司法能力层面的,还有工作机制层面的。因此,要提高命案案件的办案质量,需要不断强化证据裁判意识、提高办案专业化水平、深化内外部工作机制。

Two rules of evidence and the revised Criminal Procedure Law have set new higher requirements on evidence legality and standard of proof. Meeting with the new reqttirements has posed challenges to judiciary authorities. In recent years, it happened quiet oiten that the homicide charges are dropped as a result of defective evidence, or the defendant are acquitted of the homicide charges. These decisions not only attracted great attention fi＇om the society, but also posed enormous pressure on judiciary authorities. These cases showed investigation department lacks attention in preserving the legitimacy and formality of the collected evidence, procuatorate lacks restrict review standard to decide whether or not to prosecute the homicide cases, courts lacks objective cognition on confession withdrawal, an standard of proof has not been unified in judiciary authorities. The above problems are caused by various reasons, which are grounded in the lack of mental preparation, insufficient judiciary capability and imperfection of the entire working mechanism. Therefore, to improve the quality of homicide cases, we should constantly strengthen the evidence based adjudication doctrine, enhance the professionalization in investigation, and deepen inside and outside working mechanism.