英国刑事错案纠正机制及其对我国的启示

摘要

刑事错案是刑事司法领域内难以禁绝的现象之一，即使是法治发达的西方国家也不例外。近年来我国曝光的刑事错案，多是由于“真凶再现”或是“亡者归来”等偶然性因素才得以公之于众，从而获得救济的机会。我国刑事错案发现和纠正机制也因此为学者所诟病。英国的司法进程较为久远，在错案纠正方面积累了丰富的经验，通过对其错案纠正机制的梳理发现，英国在错案纠正上更多的是利用轰动错案所带来的契机，弥补制度缺陷、修正程序瑕疵、填补法律空白，从错案的发现入手设置独立的案件审查机构，在错案的纠正和防治方面则建立了程式化的反应机制，从对错案的单一应对转向多元治理。%Criminal misjudged cases are unavoidable in criminal judicial practices, with no exception to western developed coun-tries.The exposed misjudged criminal cases in recent years in China were made public by accidental factors, such as reappear-ance of the murderers or the returning of the presumed dead.Therefore, the discovering and correcting mechanism of misjudged cases in our country have been criticized by a number of scholars.UK has a long judicial history and has accumulated rich experi-ences in correcting criminal misjudged cases.Through the analysis of UK’s criminal misjudged cases correcting mechanism, it is found that while correcting wrongful convictions, British people took opportunities brought by sensational cases to recover system-atical and procedural defects, and to fill up legislative gaps.From the discover of misjudged cases, they established independent cases review commission, as for correcting and preventing wrongful convictions, they set up stylized reaction mechanism, to real-ize transition from single response to multiple governance.