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法律真实的情况不同于案件事实,因此疑罪的产生就是不可避免的。法律在调整社会关系时,由于社会关系存在的复杂性和多样性,使法律在适用和认定上会有一定困难,从而产生疑案。可以说疑罪是有罪推定原则的产物,其认定与以口供为主的裁判规则关系密切,其审理程序体现了司法集权特征,疑罪的处置应当遵循慎刑原则。传统的刑事诉讼的目的在于维护统治秩序,而疑罪制度是实现此目的的重要手段。
The truth of the law is different from the facts of the case, so the crime of doubt is inevitable. When the law adjusts social relations, due to the complexity and variety of social relations, the law will have some difficulties in the application and determination, which will lead to doubt. It can be said that the crime of sin is the product of the principle of presumption of guilt, and its cognizance is closely related to the rule of verdict based on confession. The trial procedure reflects the characteristic of judicial centralization of power. The handling of suspected crime should follow the principle of punishment. The traditional criminal procedure is aimed at maintaining the order of the rule of law, and the system of suspected crimes is an important means to achieve this goal.