狱侦耳目的证据法问题分析及制度完善——从张辉、张高平冤案视角的反思

Problem Analysis on Evidence Law and System Improvement of Prison Informers- Reflections on Unjust Cases of Zhang Hui and Zhang Gaoping

浙江张辉、张高平冤案反映出我国刑事司法运行中很多普遍性问题。狱侦耳目制度的滥用是酿成此类冤案最重要的原因之一。从法制视角解读狱侦耳目,其身份具有合法性,证人证言具备证据能力,只因制度滥用才导致冤案发生。应当从明确管理部门、强化奖惩机制、加强多方监督制约、严格法庭审查等方面完善狱侦耳目制度。这将对加快侦查程序的法制化、规范化进程、真正还原案件事实、进一步预防和消除冤假错案、促进司法公平正义有所裨益。

Unjust cases of Zhang Hui and Zhang Gaoping reflect many universally existing problems in the operation of Chinese criminal justice. And the abuse of the system of prison informers is one of the most important causes of such unjust cases. From a legal perspective, the identity of prison informers is of legality and the witness testimony is of credibility, but the abuse of this system leads to the occurrence of unjust cases. Therefore, it is necessary to improve the system of prison informers by confirming the administrative department, strengthening re- ward and punishment mechanism, reinforcing multiple supervision and restriction as well as intensifying court re- view, which will be of great benefit to accelerating the legalization and normalization of investigation procedure, truly restoring case reality, further preventing and eliminating wrongful convictions, as well as promoting judicial fairness and justice.