对刑事错案界定与判定的辨析

刑事错案在司法实践中是客观存在的，其危害之深度和广度，也为社会所认知，然而对刑事错案的判定与界定，学术界和实务界还未形成统一的认识。科学合理的界定和判定刑事错案，不仅对刑事错案的理论研究打下了坚实的基础，而且对错案的预防、救济、追究有极大的指导意义。

Differentiation of Definition and Judgment of Misjudged Criminal Cases

It is undoubtedly that misjudged criminal cases exit in judicial practice, and the depth and extent of harm is acknowl- edged by the society. However,the definition and judgment of the misjudged criminal cases have not got the same agreement by the academia and the practice circle. Scientific and rational definition and judgment of the misjudged criminal cases will not only laid a solid foundation for the theoretical study of misjudged criminal cases, but also of great significance for the misjudged case prevention, judgment, and investigation.