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司法公正是社会公正的重要内容,也是社会公正的重要保障,其核心是程序正当。而无罪推定原则正是实现我国刑事诉讼程序正当的重要环节。我国历史上一直都强调惩罚犯罪,即追求实体公正,但在很大程度上忽视了程序的正当性,整个刑事诉讼的价值取向是“控制犯罪”。近年来,被媒体披露的十多起像余祥林等冤案引起全国震惊,虽然这样的错案为数极少,但深刻反思才能带来司法体制的不断完善。
Judicial fairness is an important part of social justice and also an important guarantee of social justice. Its core is its due procedure. The principle of presumption of innocence is an important link in the realization of criminal procedure in our country. The history of our country has always emphasized the punishment of crime, that is, the pursuit of substantive justice, but to a large extent neglected the legitimacy of the procedure. The value orientation of the entire criminal procedure is “crime control.” In recent years, more than a dozen cases of injustice such as Yu Xianglin disclosed by the media have aroused nationwide shocks. Although there are only a few such wrong cases, profound reflection can bring about continuous improvement of the judicial system.