刑事誤判糾正依賴“偶然”之分析

On the Analysis of Why the Correction of Wrongful Conviction Depends on “ Happenstances”

面對刑事誤判的糾正嚴重依賴于“死者”復活、“真凶”落網等“偶然”事件的司法現實，尤其是糾正那些疑似死刑誤判遇到障礙，有必要對中國的刑事誤判發現機制、認定標準和糾正機制等問題進行深入的考察和分析，從而對中國刑事誤判糾正難問題給出令人信服的解釋。若要刑事誤判的糾正不再依賴於“偶然”，應賦予那些被生效裁判確定有罪者一些必要的權利，明確刑事誤判的認定標準，改變“以自我糾錯為中心”的刑事再審體制。

In China, faced with the judicial situation that the correction of wrongful criminal conviction relies heavily on “happenstances” such as the resurrection of “the dead”, and the arrest of “culprits”, especially in face of the huge obstacle in the process of correcting suspectablely wrongful cases of death penalty, we need to deeply investigate and analyze their discovery mechanism, defining criteria and correction mechanism in order to give convincing explanations for the difficulty in correcting wrongful conviction in China. In order not to depend on “happenstances” in correcting wrongful conviction, much more has to be done: those who are convicted guilty should be entitled to necessary rights; the identification criteria of wrongful conviction should be specified; the “self-correcting-centered” criminal retrial system should be changed. Furthermore, the current system of investigation into misjudged cases in china should be reconsidered, and the various forces that contribute to the correction of wrongful conviction should be mobilized as many as possible.