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近年来,我国的司法实践中出现了很多起问题案件,其中有些案件如佘祥林案、杜培武案已被证明为冤错案件,有些案件如聂树斌案尚在处理当中,这些问题的出现引起了实务界和理论界对很多问题的探讨,其中包括对死刑案件的证明标准的设置问题。尽管笔者认为近年来出现的冤错案件其实与我国刑事司法证明标准的关联性并不强,但是由于证明标准对于刑事司法的侦查、起诉和审判三阶段均有着重要的影响,尤其是在审判过程中的关键性作用,这一理论确有研究之必要。
In recent years, there have been many cases of problems in judicial practice in our country. Some cases such as She Xianglin and Du Peiwu have been proven as wrongful and wrong cases. Some cases such as Nie Shubin are still in the process of being handled. These problems have caused the realities And theoretical circles on many issues, including the establishment of the standard of proof of death penalty cases. Although the author thinks that the wrongful and wrong cases that occurred in recent years are not actually related to the standards of criminal judicial proof in our country, the proof standards have an important influence on the three stages of criminal justice investigation, prosecution and trial, especially during the trial process In the key role of this theory is indeed necessary for the study.