事实真伪难明状态在审判实践中是一种常态。由此,司法智慧催生了程序正义的司法理念和正当法律程序的建构实践。但是,程序并不是万能的,透明和公正的程序并不能解决全部问题,世界上也不存在绝对透明和公正的程序。并且,程序规则也可能存在缺位的问题,其理解与解释也可能产生歧义。这种情况下,为了让事实真伪难明案件的裁判结果能够得到大多数民众的认可, The fact that the truth is hard to find is a norm in trial practice. Therefore, judicial wisdom has given birth to the judicial concept of procedural justice and the construction of due process of law. However, the process is not omnipotent. A transparent and fair procedure does not solve all the problems. There is absolutely no transparent and fair procedure in the world. Moreover, procedural rules may also exist in the absence of the problem, the understanding and interpretation may also be ambiguous. In this case, in order to make the truth of the case difficult to determine the outcome of the referee can get the majority of people’s approval,