论有利被追诉人原则

On the Principle of Favorable to the Accused

有利被追诉人原则是尊重和保障人权的体现,其强调保障刑事被追诉人的权利,蕴含着对刑事被追诉人的司法宽容以及对国家权力机关的司法克制。有利被追诉人原则的概念虽已被提出,但其理论体系仍不够完善,而且我国目前还没有确立有利被追诉人原则。其确立与实施应当确立无罪推定原则、完善强制措施制度、完善刑事不起诉制度、完善刑事辩护制度与刑事和解制度以及践行"罪疑从无"原则。

The principle of favorable to the accused is the embodiment of respecting and safeguarding human rights. It emphasizes protec-tion of the criminal accused rights, and it contains the judicial tolerance to the accused and the judicial restraint to the organ of state pow-er. Although the principle has been put forward, its theoretical system is still not perfect, and the principle of favorable to the accused has not been established in China. The establishment and implement of this principle should be established with the principle of the presumption of innocence, perfection of the system of compulsory measures, perfection of the system of non - prosecution, perfection of the system of criminal advocacy, perfection of the system of criminal reconciliation, and the principle of no punishment in doubtful cases.