我国刑事错案认定标准探究

Research on the Cognizance Standard of Criminal Misjudged Cases in China

我国法律没有明文规定刑事错案的认定标准造成认定标准不统一等问题。因此刑事错案未能及时有效的得到纠正和救济。法律明确规定刑事错案标准有利于发挥刑事诉讼保障人权的作用。故本文阐述了目前我国刑事错案认定标准的三种理论观点,以及在司法实践中我国刑事错案认定标准的适用现状。并针对存在的问题提出刑事错案认定标准的重建。

The law of our country does not ex-pressly stipulate the recognition standard of Criminal Misjudged Cases, resulting in problems such as the inconsistency of the recognition standard. Therefore, criminal misjudged cases have not been corrected and remedied in a timely and effective manner. The law clearly stipulates the standard of misjudged criminal cases, which is conducive to the role of criminal proceedings in protecting hu-man rights. Therefore, this paper expounds the three theoretical viewpoints of the recognition standard of misjudged criminal cases in China at present, as well as the application status of the recognition standard of misjudged criminal cases in judicial practice. And in view of the existing problems, it puts forward the reconstruction of the recognition standard of Criminal Misjudged Cases.