关键词: 有利被告原则, 刑法解释, 刑事诉讼目的, 刑事诉讼法目的, 刑法目的

Abstract:

Given the great disparity of the power between the accuser and the defender in criminal suits and the possibility that the defendant may not be guilty in criminal proceedings，the Criminal Procedure Law mainly aims to ensure human rights instead of impose punishment for crimes. The principles of “presumption of innocence” and “in dubio pro reo” should only apply to the occasions when evidences and facts are questioned，rather than becoming the direction of interpretation of criminal law. Clauses of criminal law are not only the right verbal expressions，but the objects of interpretation of criminal law. “The aim creates all the laws.” Thus，interpretation of criminal law should aim at protecting legal interest behind the clauses of criminal law. If there exists doubt on the interpretation of criminal law，it should enact within the framework of the principles of legality and on the basis of the aims behind the clauses of criminal law，thus to achieve the justice of punishment within the specification as much as possible.

Key words: the principle of in dubio pro reo, interpretation of criminal law, purposes of criminal law suit, the purposes of criminal procedure law, purposes of criminal law