上诉不加刑原则的不足与完善

Drawback and Perfection of the "Appeal not Infliction" Principle

上诉不加刑是第二审程序中的一项特殊原则,因其特殊的法学价值,先后被世界上大多数国家所接受和采用。我国的刑事诉讼法也确立了这一原则,但由于在立法上尚存不足与缺陷,从而导致了在司法实践中,人们对“不加刑”的具体含义及适用范围缺乏统一的认识。因此,对上诉不加刑原则需要再认识,以便消除歧义,并处理好与之“有冲突”的司法原则的辩证关系,才能充分保障被告人的上诉权益。

The ＂Appeal not infliction＂ principle is a special principle conducted in the procedure of the second trial. Due to its specific law value, it is adopted by most countries in the world. Our Criminal Law has also established this principle. However, because of the drawbacks in lawmaking, there is no consistent understanding of the specific definition and the applicable area of ＂appeal not infliction＂ principle in practice. Therefore, it is necessary to have a new understanding of this principle, to eliminate its ambiguity and handle well the ＂conflicted＂ judiciary principle so as to protect the appealing right of the defendant.