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保障人权最重要的体现便是存疑时有力于被告的原则,在司法实践中存疑时有利于被告原则如何使用是司法公正与人权的重要保障。本文从存疑时有利于被告原则的含义和渊源入手,探讨其存在的价值及存在的意义与目的试图从价值、意义及目的几个方向来推断存疑时有利于被告原则是使用。使存疑时有利于被告原则寻找出明确的方向。
The most important manifestation of safeguarding human rights is the principle of being defending the accused in doubt. It is also an important guarantee for the impartiality of the judiciary and human rights that it is conducive to the use of the defendant in doubt in judicial practice. This article starts from the meaning and origin of the principle of accused in favor of doubt, discusses the value of its existence and its meaning and purpose. It attempts to infer the principle of defendant when it is in doubt from the several aspects of value, meaning and purpose. When in doubt, it is in favor of the defendant to find a clear direction in principle.