河南赵作海杀人案、浙江张氏叔侄强奸案……这些不时跃入人们视线的冤假错案,不仅死死困扰和拷问着业内,吞噬着本已孱弱不禁的司法,而且屡屡挑动社会公众最敏感的神经,尤其在进入自媒体时代的今天,其间的各种无可避免、无可奈何和无所适从及其所产生的紧张关系,盘根错节地纠缠在一起,着实让各方纠结不已。冤假错案缘何发生?事实不清、证据不足、合理怀疑、非法证据、民意牵制、媒体审判、权力干预,以致不惜抑或不得不违背无罪推定和程序公正的现代刑法基本原则?诚然,皆有之!最高法院副院长沈德咏同志不久前专门就此撰 Henan Zuo Zuohai murder, Zhejiang Zhang’s nephew and rape case ...... These are from time to time jump into people’s miscarriage of justice, not only troubled and tortured the industry, swallowed the already weak justice, and often provoke the public the most sensitive Especially in the days since the media era, all kinds of unavoidable helplessness and loss at any time during the media age and the tensions that have arisen from them have entrenched the knot in a wrong way and really let the parties tangle with each other. What happened to the unjust false case? Facts are not clear, there is not enough evidence, reasonable suspicion, illegal evidence, public opinion containment, media trial, and power intervention, so that he or she has no choice but to violate the basic principle of modern criminal law of presumption of innocence and procedural fairness. The Supreme Court Vice President Shen Deyong comrades not long ago specifically wrote