上诉不加刑原则若干问题的思考

Views on the Principle of No More Severe Penalty for Appeal

上诉不加刑原则是刑事诉讼法的一项重要原则 ,它为世界上大多数国家的刑事诉讼法所确立 ,成为指导二审定罪量刑的重要原则 ,它对确保司法公正和保护被告人的合法权益有不可替代的作用。本文从理论与实践的角度入手 ,探讨如何贯彻好此原则 。

The Principle of no more severe penalty for appeal is a significant principle of the Law of Criminal Procedure of PRC. This Principle has been affirmed by laws of criminal procedure in most countries in the world .It has also become an essential principle in guiding the declaring of the accused's guilty and the measurement of penalty against the accused. This principle can not be replaced in guarantee of justice fair and protection of the defendant's rights and interests in law. This paper tries to approach from different angels how to carry out well the above-mentioned principle and put forwards some advice.