二难推理在司法工作中的应用——对“坦白从宽,抗拒从严”刑事政策的质疑

Use of inference About Two Difficulties in the Judicial Work——Querying the validity of criminal Policy"Leniency to Those Who ConfessTheir Crimes and Severity to Those Who Refuse to"

“坦白从宽 ,抗拒从严”的刑事政策在司法实践中产生多个二难命题 ,从犯罪嫌疑人“坦白”与“抗拒”的两难、侦查讯问人员“宽”与“严”的两难及“保护人权与惩罚犯罪”的两难三个方面质疑这一刑事政策 ;并提出“政策法定化”

Leniency to those who confess their crimes and severity to those who refuse to' products several propositions about two difficulties in the judicial practice. This paper queries the validity of the criminal prlicy from three sides of two difficulties, that is between'confessing' and 'refusing' of suspected person to commit a crimes, between'leniency' and 'severity'of invetigating-interrogatiry personnel, and between'protecting human rights' and 'punishing a crime'. At the same time, it puts forward an amendment proposal about'legal policy'.