刍议刑事错案中为何正义迟来——对于“监狱耳目”的思考

On the Reasons for the Delay of Justice in the Case of Criminal Malpractice: Reflections on "Prison Ears and Eyes"

关于目前所述的"刑事错案",究其语义大致可分为四种:即无罪判有罪、有罪判无罪、最轻判罪重和罪重判罪轻。本文探讨的则为第一类错案,往往也被民间称之为"冤案"。"冤案"与正义可谓南辕北辙,在今日部分冤案中,"监狱耳目"以及先入为主式的片面取证无疑导致了这一冤案的发生。本文正是基于这个问题进而思考缘何正义在这一类冤案中迟来。

There are four kinds of semantics about 'criminal error case'. This article discusses the first kind of wrong cases, which are often referred to as 'injustice cases'. 'injustice' and justice can be said to be diametrically different, in today’s part of injustice, 'prison ears and eyes' and preconceived one-sided evidence undoubtedly led to the occurrence of this grievance. This paper is based on this problem and then consider why justice came late in this kind of injustice.