2012年,最高法发起了法官终身负责制,我国司法爆出数起陈年冤案,本文以刑事错案作为研究起点,以刑事诉讼法为逻辑顺序,重点讨论对于刑事错案应该问责的对象,以及从刑法的视角,讨论相关负责人应负的刑事法律问题。刑事错案相比行政或者民事错案,往往有更严重的后果:当事人轻则已经被关押几年到数十年,重则可能已经不在人世,所以,对于刑事错案,更有必要动用刑法作为悬在所有司法工作者头上的“达摩克利斯之剑”。本文主要探讨刑事错案中可能涉及的刑事责任问题。 In 2012, the supreme law initiated the judge’s life-long responsibility system, and judiciary in our country broke out a number of cases of grievances. In this paper, the criminal misstatement case was taken as the research starting point, the criminal procedural law as the logic order, and the focus was on the objects that should be held accountable for criminal misstatement, From the perspective of criminal law, we discuss the criminal legal issues that the responsible person in charge should bear. Criminal miscarriage cases often have more serious consequences than administrative or civil miscarriage cases: parties ranging from light years to few years to decades and heavies may no longer exist. Therefore, it is even more necessary to criminal law to suspend criminal cases Head of all judicial workers “sword of Damocles ”. This article mainly explores the criminal liability that may be involved in misjudged criminal cases.