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性侵儿童案件呈现出高发案率与低立案率的司法矛盾。原因在于,报案率低在客观上降低了案件的立案率,侦查机关初查阶段收集与认定证据能力差从主观上制约了案件的立案率。对此,法律与社会措施并举、鼓励主动报告以提高报案率;优化侦查主体配置、掌握收集言词证据及其补强证据的方法以提高初查阶段的侦查能力;明确此类案件的立案条件并增强认定证据的能力。三方面措施共同作用,有助于提高立案率。立案难问题的解决,可以使刑罚的威慑与预防功能得以实现、公安机关的执法公信力得以增强、恶劣社会影响得以消除。
Cases of sexual assault have shown the judicial contradiction of high incidence and low case filing rate. The reason is that the low reporting rate objectively reduces the case filing rate and the poor ability of the investigating organ to collect and certify the evidence in the initial investigation stage has subjectively restricted the filing rate of the case. In this regard, both legal and social measures are encouraged to encourage proactive reporting to enhance the reporting rate; the main body of the investigation is optimized; the methods of collecting verbal evidence and reinforcing evidence are provided to enhance the investigative capabilities during the initial investigation; the conditions for filing such cases are clarified Enhance the ability to identify evidence. Three measures to work together to help improve the filing rate. The solution to the problem of filing a case can enable the deterrent and preventive functions of punishment to be realized. The credibility of law enforcement of public security organs can be enhanced and the adverse social impact can be eliminated.