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每一件错案的发生,不但会伤及涉案个人的财产甚至生命,同时也萌生社会对司法公正的质疑,导致司法权威和司法尊严受到挑战,公正司法不但可以给社会以祥和的运作氛围,同时也给了每个个体生命以平等的底线,无论贫富贵贱,无论地位高低,你我一视同仁,我不用畏惧你、也不用奉承你,甚至依附你。然而,刑事错案的发生,不但会给社会公平带来挑战,而且会对个体生命带来无以挽回的创伤。诚然,无论哪个国家,从古到今,刑事错案几乎与司法实践相伴而行,这是无可避免的。然而,今天我们再次谈刑事错案,并不是力图建立一种全能的制度来遏制刑事错案,而是,试图通过制度建设来弥补司法实践中因人为因素所造成的冤案、错案。
The occurrence of every wrong case will not only hurt the property and even life of individuals involved in the crime, but also spawn society’s questioning of judicial fairness, resulting in the challenge of judicial authority and judicial dignity. Fair and impartial administration of justice not only gives the community a peaceful atmosphere of operation, I have given every individual an equal footing on the life, whether rich or poor, regardless of status, you and I are the same, I need not fear you nor flatter you or even attach you. However, the miscarriage of justice will not only bring challenges to social fairness, but will also bring irreparable trauma to individual lives. It is true that in any country, criminal misconduct has been accompanied almost by judicial practice from ancient to the present, which is inevitable. However, instead of trying to establish an all-powerful system to curb criminal misconduct, we again talk about the miscarriage of justice today. Instead, we attempt to make up for the miscarriage of justice caused by human factors in the judicial practice through system construction.