对刑事错案责任主体的再认识

Further Understanding of the Subject of Criminal Misjudged Cases

错案率是检验依法治理能力的重要体现。为了能抑制刑事错案的发生,司法实务与学界可谓不遗余力,几乎在侦查、起诉、审判等各环节均可觅得错案责任的踪迹,但对责任的过分关注却造成刑事错案责任主体认定的乱象。为了更加客观冷静地认识这个问题,有必要从实践与理论的认识冲突出发,分析其中原因,并沿着认识论的发展规律对刑事错案责任主体进行重新认识。

The rate of misjudged cases is an important reflection of inspection capability of ruling by low.In order to prevent the occurrence of misjudged criminal cases,judicial practice and academic circles who have spared no effort almost in the investigation,prosecution,trial and other links can trace the responsibility of misjudged cases.However,the excessive attention to responsibility has caused confusion in the identification of the subject of criminal misjudged cases.In order to understand this problem more objectively and calmly,this paper analyzes the causes of the conflict between practice and theory and reinterpret the responsible subject of criminal misjudged case according to the development of epistemology.