证供证模式下侦查环节错案的成因及防治

Causes and Preventive Measures of the Misjudged Cases in the Investigation Stage under the Pattern of Evidence Proving Evidence

目前对于刑事错案的研究,虽思维进路各有不同,但通常会达成一种共识,即认为刑讯逼供与错案的形成存在一种内在的联系,进而通过对刑讯逼供形成机理的深入研究,总结出侦查实践中的供证办案模式以及口供中心主义倾向是刑事错案产生的巨大诱因。但在上述以供证为研究视角的错案分析中始终缺乏对前期侦查环节的理论探究以及对侦查工作的整体考量,进而与侦查实践背离。应在证供证模式下对错案成因重新解读,在确保前证充分、供证合法、印证完善的前提下,对刑事错案进行实质意义上的侦查学考察。

At present,researchers have usually reached an agreement on the misjudged cases that there is an inherent relationship between the confession by torture and the formation of misjudged cases although their trains of thought are different.And scholars have concluded that the fundamental pattern of evidence-based handling and the tendency of verbal confession in the investigative activities are important factors for misjudged cases by the in-depth study on the formation mechanism of torture.However,the analysis of the misjudged cases was based on the evidence,which lacks theoretical exploration towards the early investigation and the overall consideration of the investigation.Therefore,their researches have deviated from the investigative activities.We should reinterpret the causes of misjudged cases under the pattern of the evidence proving evidence and conduct a substantive investigation on the misjudged cases.The process of the research should be based on sufficient,legal evidences and perfect verification.