提要刑事错案的判断标准对于刑事错案的认定具有极其重要的意义,判断标准的混乱不清导致刑事错案的认定、纠正、赔偿、责任追究等一系列问题无法解决。目前存在的刑事错案的几种判断标准,既有合理之处,又存谬误之说,不能逻辑自洽,鉴于此,本文就刑事错案的综合判断标准做一探讨。 Abstract The judgment standard of misjudged criminal cases is extremely important for the identification of misjudged criminal cases. The unclear judgment standards lead to a series of problems such as the identification, correction, compensation and accountability of misjudged criminal cases. There are not only reasonable points but also fallacious ones, which can not be logically self-consistent. In view of this, several criteria for judging the misjudged cases of criminal cases are discussed.