近年来,随着佘祥林杀人案等刑事错案的发生,不管是理论界还是实务界都对刑事错案进行了研究。何谓刑事错案?理论界有客观说、主观说和主客观统一说等诸多不同的观点。刑事诉讼的目的包括惩罚犯罪和保障人权两个方面,因此本人认为,从保 In recent years, with the occurrence of criminal cases such as the case of She Xianglin murder, both the theoretical circles and the practical circles have conducted a study on the misjudged criminal cases. What is wrong with the criminal case? Theorists have objectively said that the subjective theory and the subjective and objective unification say many different opinions. The purpose of criminal proceedings includes punishing crime and safeguarding human rights in two aspects, so I think, from Paul