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有利于被告之所以构成刑事法界历久弥新的话题,是因为其根植于深厚的神学、道德、法学与人权理论之中,并得到了法官的良心、社会的宽容、国家的责任与个人的自由等多种理念的支撑。在当下中国,有利于被告虽已成为一个热门话题,但是,法官的良心难以自律、社会的宽容有待彰显、国家的责任模糊不清、个人的自由尚不充分,这就注定了有利于被告作为一种理念的树立与作为一条刑事法原则的生成仍是任重道远。
The reason why defendants are reason why the criminal law circle is longstanding is that it is rooted in profound theories of theology, morality, law and human rights, and has received the judges’ conscience, social tolerance, the responsibility of the state and the freedom of individuals And many other ideas support. In the present moment, China is favorable to defendants, though it has become a hot topic. However, the judges’ conscience is hard to be self-restrained, the social tolerance needs to be demonstrated, the responsibility of the state is unclear, and the individual’s freedom is not yet sufficient. This is doomed to favor the defendant as It is still a long way to go to establish a philosophy and to be a principle of criminal law.