聂树斌案的司法体制反思

Reflection on the System of Nie Shubin Case

聂树斌案虽然暂告一段落,但它带给整个社会的影响是极其深远的,尤其对司法公信力的冲击难以在短时间内恢复。因此,深度挖掘致使聂案最终铸成错案以及纠错之难的司法制度与体制因素,对正在进行的"以审判为中心"的司法改革,仍具有重要的反向借鉴价值。本文对公检法三机关在"聂案"侦查、审查起诉与审判各环节的过程予以梳理分析,对"以侦查为中心"致使司法制度与司法权力配置异化从而导致错案发生的根本原因进行了深刻剖析,并就如何建立健全冤假错案的有效防范与及时纠错的制度与机制展开了一定程度的探讨。

Although Nie Shubin Case was over for a while, the impact on society was profound. Especially impact on judicial credibility is particularly hard to recover in a short period of time. Thus, the deep excavation of the Nie's case and the institutional factors that lead to the wrong case and its error correction, the judicial reform'trial as the center'which is being carried out is still important in reverse. This paper illustrates three links of investigation, examination and prosecution and trial of Nie's case eventually into misjudged cases'contribution'. The analysis shows that the judge's case system can block the retrial and error correction, and the lack of system of the right to appeal is difficult to form an effective restraint on the jurisdiction. And it discusses how to establish the system and mechanism of effective prevention and timely error correction in the case of judicial reform.