论疑罪从无

On “In Dubio Pro Reo”

疑罪从无是由无罪推定原则引申出来的一条金科玉律,其源自于自古就有的"有利被告"原则,目前已成为各国刑事司法领域的重要共识。不论是从理论逻辑还是从实践理性上看,疑罪从无都是现代刑事司法体系的重要规则,且作为处理疑案的技术性手段,在尊重和保障人权、防范冤假错案、维护刑事司法公正、促进司法文明进步中发挥了不可替代的作用。但受制于种种因素,疑罪从无在司法实践中的落实情况尚不够理想,亟待我们从思想观念入手,着力强化控、辩、审三方相互制约的作用,切实提升专门机关的办案能力,健全、完善配套程序规则和证据制度体系,努力为落实疑罪从无营造宽松、理性的氛围提供坚实可靠的保障。

As a major rule of evidence that judicial authorities must abide by when ascertaining factum probandum of a criminal case, the principle of ＂in dubio pro reo＂ has been universally adopted by modern countries under their rule of law in dealing with criminal mysteries and it has also been expressly prescribed in the Criminal Procedure Law of the People＇s Republic of China. ＂In dubio pro reo＂ refers to a legal presump- tion of innocence under circumstances where there is a debate in the criminal justice process because the sus- pect can be neither cleared of suspicion nor proven guilty. The principle of ＂in dubio pro reo＂ has been writ- ten into the current Criminal Procedure Law of the People＇s Republic of China and it has also played a role in both theory and practice. However, the implementation of ＂in dubio pro reo＂ in judicial practice is still unsat- isfactory due to the lack of unified understanding, complete changes in opinion and strong supporting systems. It is thus necessary for us to complete a serious study on the principle of ＂in dubio pro reo＂ in order to aid so- ciety at large, especially public security organs, judicial authorities and their personnel to further unify ideas, enhance common views, and jointly devote themselves to safeguarding criminal justice and promoting the pro- gress of the civilization of the rule of law.