我国向来根据事实认定和法律适用正确与否,将裁判的类型分为正确的裁判和错误的裁判。这样的区分只是考虑了事实和法律因素,忽略了程序。如果将程序因素纳入考量,从程序保障理念来审视,会发现还存在突袭性裁判。因此,不仅要纠正错误的裁判,还应该防止发生突袭性裁判。 Our country has always been based on the fact that the law and the law is correct or not, the type of referee is divided into the correct referee and the wrong referee. This distinction only takes into account the facts and legal factors, ignoring the procedure. If procedural factors are taken into consideration, from the perspective of procedural safeguards, we will find that there are also rash referees. Therefore, not only to correct the wrong referee, but should also prevent the occurrence of rash referee.