刑事冤案是指无罪而被判为有罪并受罚的已生效判决案件,刑事冤案的发生严重背离司法公正原则。刑事冤案在司法实践中不易避免,主要原因在于侦查过程中刑讯逼供未能杜绝;审判过程中被告人的辩护权未能获得充分的行使,事实认定存在欠缺;整个司法过程中司法权未能独立行使。 Criminal injustice refers to the case of conviction that has been convicted and punished innocent, and the seriousness of the criminal injunction has deviated from the principle of judicial fairness. Criminal injustice is not easily avoided in judicial practice, mainly due to the fact that the torture of confessions in the process of investigation failed to be put an end to; the defendant’s right to defend the trial failed to be fully exercised, and the facts were found to be deficient; and judicial power was not exercised independently throughout the judicial process .