论犯罪嫌疑人、被告人的诉讼地位

On the Status of the Criminal Suspects and the Accused Persons

历史上,犯罪嫌疑人、被告人的诉讼地位经历了由诉讼主体到诉讼客体,再到诉讼主体地位回归的演变过程,其诉讼主体地位在立法上由禁止强迫自证其罪与沉默权、无罪推定及有疑唯利被告原则来保障。在我国,法律上规定犯罪嫌疑人、被告人是刑事诉讼的当事人,具有诉讼主体地位。但由于我国有关保障犯罪嫌疑人、被告人诉讼主体地位的诉讼原则和制度尚不完善,导致其仍然没有彻底摆脱诉讼客体地位。

In history, the status of the criminal suspects and the accused persons has experienced the process from the subject of law to the object and back to the subject again. Their status as the subject of law is guaranteed in legislation by the principles of prohibiting forced self-evidence and the right of keeping silence, presumption of innocence and beneficial to the accused persons. In our country, the law stipulates criminal suspects and accused persons as the litigants in the criminal suit with statue of subject of law. But the principles and systems about criminal suit to ensure the status of the subject of the criminal suspects and the accused persons are so incomplete that they have not completely get rid of the status of object.