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最高人民法院、最高人民检察院、公安部、国家安全部和司法部于2010年6月30日联合发布了《关于办理死刑案件审查判断证据若干问题的规定》,该规定为存在程序瑕疵的取证行为设置了大量的证据补正或合理解释条款。对少数个案而言,这些规定或许有助于实体正义的实现,但从全局和长远来看,却存在不利于从战略上增强民警的程序意识,不利于从根本上纠正重实体轻程序的错误观念,不利于提升侦查机关的执法公信力,不利于培养人们对法律的尊崇和信仰等诸多弊端。
The Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security, the Ministry of National Security and the Ministry of Justice jointly promulgated the “Provisions on Several Issues Concerning the Examination and Judgment Evidence Evidence from Handling Death Penalty Cases” on June 30, 2010, which provides evidence collection for procedural defects Set a lot of evidence to amend or reasonable interpretation of the terms. For a few cases, these provisions may be conducive to the realization of substantive justice. However, in the overall and long term, there are mistakes that are not conducive to strategically enhancing the procedural awareness of the civilian police and are not conducive to fundamentally correcting the mistakes of the substantive and substantive procedures Concept is not conducive to enhancing the public confidence in the law enforcement agencies, is not conducive to cultivating people’s respect for the law and beliefs and many other drawbacks.