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频频发生的刑事错案,往往以牺牲生命或自由为代价,引人深思。如何能避免刑事错案?本文认为无罪推定原则的树立对避免刑事错案具有至关重要的意义。无罪推定原则实际上确立了被追诉人在刑事诉讼中的诉讼主体地位,由此,追诉方不得不承担举证责任,而被追诉方却享有一系列防御权利,以权利制约权力,从而达到预防、减少错案的目的。
The frequent miscarriage of justice often leads people to think at the expense of life or freedom. How to avoid criminal misconduct? This article believes that the establishment of the principle of presumption of innocence to avoid criminal miscarriage of justice is of crucial importance. The principle of presumption of innocence has actually established the subject of prosecution’s litigation in criminal proceedings. Therefore, the prosecution has to bear the burden of proof, while the party under prosecution has enjoyed a series of defensive rights, with the right to restrict power and thus achieve prevention , To reduce the wrong case.