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近年来,在总结重大冤假错案的惨痛教训时都会有这么一条,即当一审判决案件事实不清或者证据不足时,二审法院没有作出证据不足、指控的犯罪不能成立的无罪判决,而是选择了没完没了的发回重审。因此,确立刑事二审的疑罪从无判决是完善刑事二审程序的当务之急。疑罪从无原则的从无到有新中国成立初期,我国刑事诉讼立法均不承认疑罪从无原则。1956年10月17日,最高人民法院颁布的《各级人
In recent years, when summing up the painful lessons learned from major unjust and wrong cases, the court of second instance failed to make a guilty verdict in which evidence was not substantiated and the allegation of crime could not be established when the facts of the court of first instance were unclear or the evidence was insufficient. Have chosen to send endless retrial. Therefore, the establishment of the second instance of criminal suspect without judgment is the urgent task of improving the second instance of criminal procedure. Suspect from no principle from scratch In the early days of the founding of new China, China’s criminal procedure legislation does not recognize the principle of suspect from no. October 17, 1956, the Supreme People’s Court promulgated the "people at all levels