一、“错案”与法律之间的复杂关系严格按照法律规则评价案件处理结果正确与否,是现代法治的基本要求,即所谓形式合理性法律的特点。一个内在的矛盾在于:法律是人类和谐和秩序的生活的行为准则,它同时也是人类追求公平正义的理想尺度。适用法律中,一旦根据法律预设的既定规则对人的行为的判断结 I. The Complicated Relationship between “Misjudgment” and Law The evaluation of the correctness of the handling of cases in strict accordance with the laws and regulations is the basic requirement of the modern rule of law, that is, the so-called formal and rational law. An inherent contradiction is that the law is the code of conduct for the life of humankind in harmony and order, and it is also the ideal measure for mankind to pursue fairness and justice. In applicable law, the judgment of a person’s conduct once it has been established in accordance with established rules of law