使有罪者得到惩罚,使无辜者免受不白之冤,本是刑事诉讼的应有之义。但当一个个冤案暴露在公众面前的时候,公、检、法三机关的公信力在民众心中降到了最低点。为何冤案频繁发生?理论界与实务界均有总结,但全面剖析的并不多见。在本文中,笔者试图从程序内和程序外两方面对目前刑事司法中存在的若干问题进行一番梳理,以助于今后进一步的学习和研究。 Punishing the guilty and exempting the innocent from innocent injustice was supposed to be the justification of criminal proceedings. However, when one case of injustice was exposed to the public, the credibility of the three organs of public security, prosecution and law was reduced to the lowest point among the people. Why does injustice happen frequently? Both theorists and practitioners have concluded, but a comprehensive analysis is rare. In this article, the author attempts to sort out some existing problems in criminal justice from both the procedural and procedural aspects in order to facilitate further study and research in the future.