刑事领域中的错案追究制不符合司法的客观规律和职业特点,容易影响法官和检察官的心理,继而对司法行为产生影响。应废止错案追究制,吸收责任归因理论的研究成果,以可控性为原则,以行为和程序为标准规范检察行为和审判行为,促进司法公正的实现。 The miscarriage of justice in the criminal field is not in conformity with the objective laws and professional characteristics of the judiciary, which easily affects the mentality of the judge and the prosecutor, which in turn has an impact on the judicial act. The system of investigating the wrong cases should be abolished and the research results of attribution theory should be absorbed. The principle of controllability should be abolished to standardize procuratorial behaviors and trial behaviors based on behaviors and procedures, so as to promote the realization of judicial fairness.