论犯罪嫌疑人、被告人自证无罪权

On Rights for the Suspect and the Accused to Prove His/Her Innocence

自证无罪权应当是犯罪嫌疑人、被告人在刑事诉讼中的一项重要权利,它区别于辩护权、禁止强迫自证其罪原则。确认自证无罪权是尊重被诉人(包括嫌疑人、被告人)作为人的尊严及其自由意志的要求,是发现案件事实真相的需要,是刑事诉讼控辩平等对抗诉讼构造及诉讼主体理论的内在要求。我国应通过建立嫌疑人、被告人的自行调查取权制度、改革完善辩护人调查取证制度和保障被诉人要求公安司法机关取证的申请权来确保自证无罪权的实现。

The rights to prove one＇ s own innocence is essential to the accused, and it is distinguished from the rights to defense and the rights against self- incrimination. It is required by the accused for his dignity and free will to be respected. It is also the requirement of the discovery of truth as well as the adversary criminal justice system. Therefore, to realize the right to verify his/her innocence, we should establish the rules for the accused to collect evidence and improve the situation for the counsel to collect evidence as well as safeguard the rights of request raised by the accused and his counsel for justice organs to investigate and collect evidence.