疑罪赔偿实现正义的困境

摘要

Suspected crime is the truth of crime which is existed. But if the truth is not clear and lack of evidence, the crime will fail to prove or disprove. According to laws, it will be judged into innocence case. It generally presents as quashing a case, non-prosecution, sentence of not guilty and detention without sentence, etc. Suspected crime creates a contradiction between compensating and not compensating. And there have long been disputes about the contact between the case and accountability. Our state compensation law keeps up with the times, it is suitable to the multiple imputation of illegal and result and the practice of compensation progress which benefits the suspect. Detention without sentence can be also compensated. The mechanism which can improve investigation quality is gradually forming. But suspected crime cannot be avoided. It is hard to reduce it but it is easy to sentence the innocence. There are paradoxes in the realization of justice in suspected crime's compensation. Whether the mechanism is moderate, it must accept the test of social practice.%疑罪案件是存在罪案事实，但犯罪嫌疑人的犯罪事实不清、证据不足，其案处于不能证实，也不能证伪状态，在法律上被推定为无罪人的案件。一般表现为撤销案件、不起诉、无罪判决、疑罪从挂等情况。疑罪案件赔与不赔，处于两难，可能还与责任追究挂钩，因此，在我国一直饱受争议。我国的国家赔偿法适用违法与结果的多元归责，实行利于犯罪嫌疑人的赔偿程序，“疑罪从挂”也可获得赔偿，我国正在形成提高侦办质量的倒逼机制。但疑罪案件不可避免，要减少它难，判无罪者则易。疑罪赔偿实现正义具有悖论，其机制是否适度，还需接受实践检验。