Research On The Principlein Favor Of The Accused

The principle in favor of the accused originated from the ancient Roman law“in dubio pro reo”,which is,“(when)in doubt,in favor of the accused.”As the era progresses,more content has been given to the principle in favor of the accused.Besides in dubio pro reo,it is also shown in other principle in favor of the accused,such as the Privilege against self-incrimination,no additional punishment for appeal,privilege against double jeopardy.The principle in favor of the accused requires that during the design of the criminal procedure,the accused should be given more privilege while the power of the state be limited,so that the accused would have sufficient capacity to compete with the investigation organ,the procuratorate and the court in order to the judgment is fair and reasonable.Nowadays,the level of human rights protection has become a measure of the impartiality of the national criminal procedure.Establishing the principle in favor of the accused can effectively protect the legitimate rights of the accused,to achieve the criminal litigation objectives of human rights protection.In dubio pro reo,the Privilege against self-incrimination,no additional punishment for appeal,privilege against double jeopardy have the value of confiningthe state power and protecting the rights of citizens.So,it is the core content of the constitutional theory,the procedural justice theory and the presumption of innocence theory.The principle in favor of the accused has not been fully implemented in China,so that the criminal misjudged cases occurs frequently in real life,leading to violations of the accused's basic rights.Keeping this in mind,China should adhere to the three theoretical foundations and presumption of innocence theory to improve China's constitution and criminal procedure.And on this basis,China should thoroughly implement the principle of in dubio pro reo and no additional punishment for appeal and establish the Privilege against self-incrimination and privilege against double jeopardy.Only in this way can the principle in favor of the accused be integrally put into effect in China.