摘要
上诉不加刑原则因其体现了对被告人的关怀和宣示正义的独立价值而走进各国的刑事诉讼法,然而作为外源型的我国上诉不加刑原则不仅患有水土不服的痼疾,而且找不到生长的理论支撑。文章通过中西法律文化的比较研究,析其根源,点析我国上诉不加刑原则之缺陷。
The principle of no additional punishment resulting from appeal stepped into the criminal procedure law of various countries for it shows care to defendant and declares independent value of justice openly. But the principle of no additional punishment resulting from appeal of our country, which was shipped from foreign countries, is of a hard disease resulting from not acclimatizing to China and also cannot find a theory to support it. By making a comparative studying on the law culture of China and the Western countries, this paper analyzes its causes and points out the deficiencies and regrets of the Principle of No Additional Punishment Resulting from Appeal of China.
出处
《邵阳学院学报（社会科学版）》
2005年第4期48-50,共3页
Journal of Shaoyang University:Social Science Edition
关键词
人权
上诉不加刑原则
正义
human rights
the principle of no additional punishment resulting from appeal
justice
