我国刑事错案的成因及追责机制研究——以张玉环案为例

Research on the Cause and Accountability Mechanism of Criminal Wrong Cases in China—Taking Zhang Yuhuan as an Example

“张玉环案”作为一桩刑事错案具备代表性和典型性,通过分析发现“疑罪从有”、“疑罪从轻”的司法理念的错误指导以及侦查、检察、审判阶段的程序性错误是导致悲剧发生的根源,同时,张玉环本人追责意愿强烈,而实际问责面临着启动困难、主体不明、追诉时效等重重困难,由此提出设立独立的追责机关、细化追责程序、公开信息等问责机制的构想。

The “Zhang Yuhuan Case” as a criminal wrong case is representative and typical, and through analysis, it is found that the er-roneous guidance of the judicial concept of “suspicion of guilt” and “suspicion of guilt is light” and procedural errors in the investigation, prosecution and trial stages are the root causes of the trage-dy. At the same time, Zhang Yuhuan himself has a strong willingness to account for accountability. However, actual accountability faces difficulties such as difficulties in initiation, unclear subjects, and statute of limitations for prosecution. Therefore, the concept of establishing an independent accountability organ, refining the accountability procedures, and disclosing information is pro-posed.