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“命案必破”由地方公安机关率先提出,得到公安部刑侦局认可后在全国推行。通过运用激励和威慑理论对“命案必破”加以分析发现,“命案必破”有助于激励公安机关优先侦破命案,强化潜在犯罪人对威慑的感知进而提高威慑的效果。但由于信息不对称,“命案必破”会引起执法代理人新一轮道德风险,高昂的监督成本导致这一问题无法得以有效解决,但也恰恰是道德风险的存在使得这一政策没有引发灾难性后果。设定畸高的命案破案率指标将导致执法成本飙升而不具有可行性,非命案破案率也会因资源向命案侦查流动而大幅走低,追求“命案必破”总体上是无效率的。最优执行水平在边际执法成本等于边际执法收益时实现,法律的执行应当主要采用随机执法方式并在社会治安状况突然恶化的特殊情况下辅之以选择执法方式。执法错误将削弱法律的威慑效果,通过构建经济学模型发现,在错误概率相同时,错误定罪的社会成本是错误开释的两倍。而在当前的制度框架下,由老年刑警而不是年轻刑警负责讯问犯罪嫌疑人,将有效解决刑事执法错误问题。
“Homicide must be broken ” by the local public security agencies first proposed by the Ministry of Public Security Criminal Investigation Bureau approved in the country. By using the theory of motivation and deterrence, we can find that “murder case must be broken” can help motivate the public security organ to detect the murder case first and enhance the perceived deterrence of the potential offender so as to improve the deterrent effect. However, due to asymmetric information, “murder must be broken ” will cause a new round of moral hazard law enforcement agents, the cost of supervision led to this problem can not be effectively resolved, but it is precisely the existence of moral hazard makes this policy is not Trigger disastrous consequences. Setting an abnormally high homicide detection rate will result in a soaring cost of law enforcement and will not be feasible. The detection rate of non-death cases will also drop sharply as a result of the flow of resources to the investigation of homicide. The pursuit of “murder case” will be ineffective in general . The optimal enforcement level is realized when the marginal law enforcement cost is equal to the marginal benefit of law enforcement. The execution of law should mainly adopt the random execution of law enforcement methods and should be supplemented by the choice of law enforcement in special cases where the public order situation is suddenly deteriorating. Law enforcement mistakes will weaken the deterrent effect of law. By building an economic model, it is found that the social costs of false conviction are twice as much as the wrong ones when the error probability is the same. Under the current institutional framework, the elderly Interpol instead of the young Interpol is responsible for interrogating suspects, which will effectively solve the problem of wrong enforcement of criminal law.