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美国和加拿大的刑事司法中设有监所告密制度,其在侦破案件,有效打击犯罪方面发挥了积极作用。但是,告密制度的滥用也成为引发错案的重要原因之一。学界和实务界针对此进行了深刻的批判和反思,并采取了一系列的措施对其加以改造和完善。我国的司法实践中也存在利用监犯获取犯罪证据的情形,因此探究美国和加拿大的监所告密制度,借鉴其改革的成功经验,将有助于构建和完善我国的监所告密机制,有利于刑事错案的综合防治。
The criminal justice system in the United States and Canada has a supervisory secret system that has played an active role in detecting cases and effectively cracking down on crimes. However, the abuse of disclosure system has also become one of the important reasons for the wrong case. The academic circles and practitioners conducted a profound criticism and reflection on this issue and took a series of measures to reform and perfect it. Therefore, exploring the supervision system in the United States and Canada and drawing on the successful experience of its reform will help to build and perfect the supervision mechanism of China’s prisons, which is in favor of Comprehensive Prevention and Control of Misjudged Cases of Crime.