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刑事错案的产生,究其实质源于在事实认定层面出现的认知错误。错误的认知一旦形成便在内外诉讼环境、工作机制的共同作用下而不可逆转。从错案的发生机理来看,侦查环节的认知源头效应使其成为错案防治的重点。对于侦查环节刑事错案的防治,应以侦查权运行内外环境的改善为逻辑进路。于外,在厘清侦查权属性的前提下协调其与控诉、审判、辩护之关系,进而形成外部监督控制机制。于内,通过建立主办侦查员制度、完善绩效考核机制、深化内审功能,提升其独立性,构建内部纠错体系。从而有效地将认识错误对于刑事案件的影响控制在合理范围内,进而防治侦查环节刑事错案的发生。
The origin of criminal miscarriage cases stems from the cognitive mistakes that occur at the level of de facto recognition. Once the wrong cognition is formed, it will be irreversible under the joint action of litigation environment and work mechanism inside and outside the country. Judging from the mechanism of the occurrence of the wrong case, the source of cognition in the investigation link has become the focus of prevention and control of wrong cases. For the prevention and treatment of misjudged criminal cases in investigation, it is logical to improve the internal and external environment for the investigation and prosecution. On the other hand, under the premise of clarifying the property of investigation power, it should coordinate the relationship with the prosecution, trial and defense, and then form the external supervision and control mechanism. Through establishing the system of investigators, the Bank improved the performance appraisal mechanism, deepened the internal audit function, enhanced its independence and built an internal error correction system. So as to effectively control the impact of misunderstanding on criminal cases within a reasonable range and thus prevent and control the occurrence of criminal misinformation in the investigation links.