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一、“探求实体真实,实行公平裁判”,这是诉讼制度的共同理念。刑事诉讼的终极目的亦复如是。综观各国刑事诉讼制度,不难发现人们为了达此目的所付出的巨大努力。人们总期望刑事审判能最终带来正义的判决,但结果,“不正义”(误判)又一再违背人们的预期而出现。个中原因,诚如约翰·罗尔斯所说,“并非来自人的过错,而是因为某些情况的偶然巧合挫败了法律规范的目的。”在误判不可避免的情势之下,刑事纠错机制便应运而生。刑事再审程序即是一例。
First, “to seek the real entity, the implementation of fair referee,” This is the common concept of litigation system. The ultimate purpose of criminal proceedings is also complicated. Looking at the system of criminal procedure in various countries, it is not hard to find the tremendous efforts people have made to achieve this goal. It is always expected that a criminal trial will eventually lead to a righteous judgment, but as a result, “injustice” (miscarriage of justice) appears again and again contrary to people’s expectations. The reason, as John Rawls put it, “does not come from human error, but because the accidental coincidence of certain circumstances frustrates the purpose of legal norms.” In the unavoidable situation of miscarriage of justice, The wrong mechanism came into being. Criminal retrial procedure is one example.