论文部分内容阅读
刑事错案对司法公正的损害不可谓不大,特别是近年来刑事错案被纠正的数量越来越多,人们对司法的公信力持怀疑态度。人类认识能力的局限性决定了错案发生的不可避免性。但是错案发生后如何发现并纠正是我们更应思考的问题?错案的发现机制对正义的实现至关重要。由何种主体以何种标准来认定某一案件为错案的核心问题是如何界定错案的内涵和外延。在我国,刑事再审制度不仅承载着纠正错案任务,理论上还包括主动发现错案。在错案责任终身制的大背景下,公检法机关主动发现错案的可能性更低了。本文认为在我国法检系统外成立专门的申诉受理机关,对于冤案和错案的发现是十分有必要的。
Misjudged cases of criminal misconduct can not be detrimental to the fairness of the judiciary. In particular, the number of miscorrected criminal cases has been more and more rectified in recent years. People are suspicious of the credibility of the judiciary. The limitations of human cognitive ability determine the inevitable nature of the wrong case. However, how to find out and correct the wrong case is more a question that we should think about? The discovery mechanism of the wrong case is very important to the realization of justice. By what kind of standards, what kind of subjects should be used to determine the core issue of a case as a wrong case? How to define the connotation and denotation of the wrong case? In our country, the system of criminal retrial not only carries the task of correcting mistakes, but also theoretically includes the initiative to find the wrong case. Under the background of the tenure of wrongly-assigned responsibility, the public security organs are less likely to take the initiative to find the wrong case. This paper holds that the establishment of a special appellate body outside the legal system in our country is very necessary for the discovery of unjust and wrong cases.