嚴防冤案若干問題思考

Several Issues on How to Prevent Wrongful Conviction

冤案是指已生效的裁判對無罪者判定為有罪的案件。冤案是最大的法不公。冤案難以避免，但不能以此為藉口而不加嚴防。為此，必須杜絕刑訊逼供，保證辨護權的充分行使，運用證據准確認定案件事實，堅持疑罪從無原則，正確處理三機關關係，確保獨立行使審判權、檢察權。Wrongful conviction is such a case where an innocent person is convicted by an effective judgment.It is the worst form of miscarriage of justice. We should not refuse to take strict precautions against wrongful con-viction. To prevent wrongful conviction, we should prohibit extortion of confessions by torture, guarantee the fully exercise of the right to defense, determine facts accurately by evidence, insist the principle of 'in du-bio pro reo', handle the relationship correctly between the People's Courts, the People's Procuratorates and the public security organs, and ensure the independence of judicial power and procuratorial power.