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在刑事诉讼中,每个国家和地区都不可避免地会出现错案,尤其在侦查阶段就出现错误的案件早已屡见不鲜,如我国的佘祥林案、赵作海案以及法国的乌特罗案。尽管如此,我们还是要想方设法地避免错案的发生,并且从错案中吸取教训,以儆效尤。例如,我们可以审视法国在经历了乌特罗案后,在错案(尤其是侦查阶段的错案)上建立了哪些预防机制(特别是针对预审法官制度的改革有哪些新的动向),以及理论与实践的最新发展。这或许对我国有所启发,以供司法改革借鉴。
In criminal proceedings, every country and region inevitably will have miscarriage cases. In particular, cases of mistakes made during the investigation stage have not ceased to exist, such as the case of She Xianglin and Zhao Zuohai in our country and the case of Utero of France. In spite of this, we still have to find ways to avoid the occurrence of the wrong case and to learn from the wrong case in order to work for it. For example, we can examine what preventive mechanisms have been established in France after experiencing the Utero case (especially the miscarriage of justice at the stage of investigation) (especially the new trends in the reform of the pre-trial judge system), and the relationship between theory and The latest development in practice. This may give some inspiration to our country for judicial reform.