论文部分内容阅读
在我国的刑事侦查活动中,侦查活动是由侦查机关依职权主动进行的,“谁主张,谁举证”的古老法则在刑事诉讼中的直接体现即是专属于控诉方的证明责任,犯罪嫌疑人不负证明自己无罪的义务。但是相对于检控方,犯罪嫌疑人在接触证据、提供证据方面有着无可比拟的优势。在某些特定情况下公诉方搜集证据的难度比较大,甚至无法搜集,就会造成犯罪嫌疑人罪行得不到追究,法治社会得不到保障,这已然不符合当前的法治理念,也背离了社会主义法制的价值取向。
In our country’s criminal investigation activities, the investigation activities are carried out voluntarily by the investigation authorities according to their functions and powers. The ancient law of “who claims and who evidences” is the direct manifestation in criminal proceedings that is the burden of proof exclusively for the prosecutor, Suspects have no obligation to prove their innocence. However, relative to the prosecution, the criminal suspects have unparalleled advantages in approaching evidence and providing evidence. In some special cases, it is more difficult or even impossible for the prosecutor to collect evidence to make it impossible for the suspects to be investigated for crimes and the society under the rule of law can not be guaranteed. This is not in conformity with the current concept of the rule of law and is also deviated from The Value Orientation of Socialist Legal System.