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我国没有疑罪案件处理原则的立法。司法实践中,办案人员不是将疑罪案件与疑难案件相混淆,就是在部分疑罪案件的处理上,难以适应兼顾惩罚犯罪、实现刑罚正义的要求。构建我国疑罪处理案件原则时,应当以人权保障为主、适当兼顾惩罚犯罪为指导思想,即对疑罪案件,应当适用疑罪唯轻原则,但对部分疑罪案件,可以适用举证责任倒置、择一认定等规则进行处理。
Legislation on the Principle of Handling No Suspected Cases in Our Country. In judicial practice, investigators do not confuse suspicious cases with difficult cases, that is, it is difficult to meet the requirements of punishing crimes and realizing the penalty justice in the handling of some suspected criminal cases. When constructing the principle of handling cases of suspected crimes in our country, we should take the protection of human rights as the principle and give due consideration to the punishment of crimes as the guiding ideology, that is, the principle of only suspected cases of suspects should be applied to cases of suspected crimes. However, for some cases of suspected crimes, , Choose one rule and other rules for processing.