On Application Of The Principle Of Favoring The Accused When In Doubt Under The Criminal Law Perspective

The principle of favoring the accused when in doubt is an important principle in the field of criminal law,which is applicable not only conducive to the principle of legality,but also conducive to the implementation of the provisions of the Constitution guarantees human rights.However,there are unbalanced developments with the principle of favoring the accused when in doubt.In academic circles,the discussion is more focus on the procedure aspect,while the entity aspect suffers from a lack of theoretical research and practical application.Historically,whether the terms of analogical or aggravated penalties have been deleted,or the articles that add to the principle of legality,all have shown that criminal law is in fact admitting the principle of favoring the accused when in doubt.In the face of many difficulties in legal practice,such as the inability of the principal and the offender to distinguish between principal criminal and accessorial criminal in judicial practice at the present stage,it is necessary to carry out research on the question of the principle of favoring the accused when in doubt.The first part,summarizes the principle of favoring the accused when in doubt from the perspective of criminal law.Through a historical investigation of the principle of doubting in favor of defendants,it is found that the principle of doubting in favor of defendants is a principle that combines the values of procedural law and substantive law.the perspective of criminal law of the principle of favoring the accused when in doubt,just the principle entity aspect of the defendant.It refers to the protection of the defendant's rights in the application of the criminal law.When facts or legal questions cannot be clarified,they should make choices in favor of the defendant.In view of its close relationship with the presumption of innocence and our country's defendant's ideology,we found that the presumption of innocence is in fact the procedural aspect of the principle of doubt that is in favor of the defendant.Our country's idea of favoring the accused when in doubt is different from the principle of favoring the accused when in doubt.There are significant differences in many aspects such as scope and method.The second part,examines the question of the application of the principle of favoring the accused when in doubt in the perspective of criminal law.From the perspective of criminal law,the principle of favoring the accused when in doubt is not suitable in the judicial practice,and there are both theoretical and practical reasons.At the theoretical level,there has been no unified view on the nature and scope of application of the principle of favoring the accused when in doubt,and disputes have continued in the theoretical community.On the practical level,the lack of criminal substantive law in favor of the principle of favoring the accused when in doubt expressly provides that despite the relevant provisions in the judicial interpretation,due to the constant changes in the normative text and the lack of legal order,the phenomenon of normative unsupply in practice has appeared;The unfairness of the applicability of the principle of favoring the accused when in doubt and the conservative tendencies in the application of the judge resulted in a situation of judicial misconduct;due to lack of norm,theoretical controversy,and lack of judge's active initiative,the principle of favoring the accused when in doubt should be applied but not.In the case of the judge,the judge failed to apply it activety.There were suspicions in the hot cases.however,it does not apply to the principle of doubt and benefit the defendant which led to the public does not understand the verdict,reduced the authority of the judiciary,caused judges to refuse to apply the principle of favoring the accused when in doubt.Analyze the position of the principle of favoring the accused when in doubt in the criminal law system,and hold that the principle of favoring the accused when in doubt,derived from the substantive side of the principle of legality.The third part,an analysis of the principle of favoring the accused when in doubt in the perspective of criminal law.It is because of the misunderstanding of the connotation of the principle of favoring the accused when in doubt,which makes the situation of legal ambiguity thrown out of the scope of application;the neglect of the spirit of human rights protection in the principle of legality has led to improper treatment of the defendant as a weak person,This is a departure from the value implication of the defendant principle.Based on the influence of the doctrine of severe punishment,the judicial practice has despised the policy goal of punishment.It only attaches importance to the strict side of strictness,which deviates from the "severe and mercy" idea.At the same time,the criminal policy also made it difficult for apply of the principle of favoring the accused when in doubt.Finally,the judge's subjective awareness in the exercise of discretion was not strong,and the principle of favoring the accused when in doubt did not apply when it should be applied,resulting in it being missing in case application.The forth part,the perspective of criminal law and the prospect of the application of theprinciple of favoring the accused when in doubt.Ideas is the forerunner of practice.From the perspective of criminal law,the application of the the principle of favoring the accused when in doubt must adhere to the principle of protecting human rights,returning to the initial meaning of discretionary power and building the cornerstone of trial justice.When the legal norms are in doubt,they should insist on explaining the position of supplements.They can only be applied as a post-principle in the principle of interpretation of criminal law when they cannot exhaust all reasonable explanations.To satisfactorily meet or balance the function of cracking down on crimes;when the facts are found to be doubtful,attention should be paid to distinguishing three situations in which the problem with the accusation,the principal offender and accessary offender,and the attempted crime and the suspension crime.The concrete analysis of specific issues is needed to achieve judicial justice.