死刑错案的出现严重威胁着司法的公正性,它是司法系统面临的又一大挑战,我国司法界也在极力寻找防止死刑错案的措施办法。本文将从产生死刑错案的立法、司法等方面为切入点,分析产生死刑错案的原因,从而为死刑错案的研究提供一些帮助。 The emergence of the death penalty miscarriage seriously threatens the justice of the judiciary. It is another major challenge the judicial system faces. Judicial circles in our country are also struggling to find a way to prevent the miscarriage of justice. This article will start from the aspects of the legislation and the judicature that have produced the miscarriage of death penalty, and analyze the causes of the miscarriage case, so as to provide some help for the study of misjudgment of death penalty.