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对某一案件所作的司法决定被后来的司法程序所否定 ,这符合诉讼规律。但是 ,实践中许多人以这种现象作为错案的唯一的本质特征设计并运行错案责任追究制度。本文作者分析批判了这种形而上学错误 ,主张错案责任追究应以司法人员存在主观过错为必要条件。
Judicial decisions on a particular case are rejected by subsequent judicial proceedings, which is in line with the law of litigation. However, in practice, many people use this phenomenon as the only essential feature of the wrong case to design and operate the wrong accountability system. The author analyzes and criticizes this metaphysical error, and holds that the investigation of the wrongful case should be based on the subjective fault of the judicial personnel.