监控式讯问下冤假错案防范机制研究

Preventive Mechanism of Injustice and False Cases based on Monitoring Interrogation

刑讯逼供极易导致"虚假有罪供述",而在庭审中,这些通过非法手段获取的"有罪供述"并没有被依法排除,冤假错案由此而生。监控式讯问可以在侦查人员讯问时有效督促其依法取证,实现事前预防。在已经出现非法取证行为后,又可以通过严格的"排非程序",实现事后的补救。而通过调研发现,监控式讯问在立法上和实践中都存在诸多不足,这不利于防范冤假错案的产生。而弥补这些不足的方式,就是通过完善立法和针对办案人员进行规范化培训。

Extorting torture can easily lead to ＂false guilty plea,＂ and during the trial, these ＂guilty confessions＂ ob-tained through illegal means have not been ruled out by law. Monitor-based interrogation can effectively supervise and promptly prosecute investigators when they obtain evidence in accordance with the law to achieve prior prevention. After illegal forensics activities have taken place, they can be rehabilitated afterwards through strict ＂non-compliance proce-dures.＂ Through the research, we found that there are many deficiencies in the legislation and practice of surveillance in-terrogation, which is not conducive to preventing the occurrence of unjustly false or wrongful cases. The way to make up for these deficiencies is to improve legislation and standardize the training of personnel handling cases.