论文部分内容阅读
疑罪,顾名思义就是,司法机关不能确定犯罪嫌疑人或被告人是否构成犯罪。对其疑罪的处理自古以来就有很多处理制度,例如奴隶之下的疑罪从神,封建制下的疑罪从赦、疑罪从赎等。在这些原则处理下,国家的刑罚权被无限制的滥用,继而刑讯逼供的行为也应运而生。在我国当代的司法制度下,疑罪从无的原则在我国法律中已有体现,但还有很多不完善的地方,本文以疑罪的概念为切入点,深入的探讨了疑罪从无的理论基础及我国适用疑罪从无的现状。最后对我国疑罪从无原则的适用提出几点意见。
Suspected crime, as the name suggests, is that the judiciary can not determine whether a criminal suspect or a defendant is a crime. There are many handling systems for the handling of his suspected crimes, such as the suspect under slaveism from God, the guilty plea from feudalism, the redemption of the suspect, and so on. Under the treatment of these principles, the penalty power of the state is abused without restriction, and then torture is also emerging. Under the contemporary judicial system of our country, the principle of the principle of no doubt of no crime has already been embodied in the law of our country, but there are still many imperfections. Based on the concept of the crime of doubt, Theoretical Basis and Status Quo of Applying Suspect in Our Country. At last, I put forward some opinions on the application of the principle of no crime in our country.