论刑事司法中重复性错误形成的原因及防治对策——佘祥林冤案引发的思考

The Rason for Rpetitive Mstakes which Ocurred in Ciminal Jstice and the Peventative Cuntermeasure——The Dliberation of SHE XiangLin's unjust Case

综观越来越多的刑事错案,我们不得不对当前刑事司法中重复性错误的形成原因加以思考。这种错误的出现有诸多原因,本文就以祥林冤案为案例从执法理念、证明标准、辩护机制等方面探究刑事司法中重复性错误形成的原因,并从中寻求防治对策。

We have to think deeply about the reason for repetitive mistakes which occurred in criminal justice, after making a general survey of an increasing number of misjudged criminal cases an present. There are many reasons for this kind of mistakes, but in summary, we can explore them in terms of law enforcement philosophy, stand of testification, mechanism of defend and so on, then looking for the. pre- ventative countermeasure from it. In this article, I focus on SHE XiangLin＇s unjust case and analysis it. Finally, I draw a conclusion after deliberate.