一、引言传统观点认为,刑事司法适用法律的过程是典型的三段论演绎推理过程,大前提是法律,小前提是事实,当案件事实清楚,寻找合适的法律得出结论便是自然而然的事情。然而,实践证明,疑罪是各国刑事诉讼中不可避免的现象。根据产生疑罪的原因, I. Introduction The traditional view is that the process of applying the law to criminal justice is a typical process of deduction of syllogism. The major premise is law. The minor premise is a fact. When the facts of the case are clear and the finding of suitable law comes to a conclusion, it is a natural occurrence. However, practice has proved that the crime of doubt is an unavoidable phenomenon in the criminal proceedings of various countries. According to the reasons for the crime,