法律真实不等同于案件事实,这就使疑罪的产生不可避免。古代社会的疑罪浓缩了传统司法的典型特征。疑罪是有罪推定原则的产物,疑罪的认定与以口供为主的证据裁判规则密切相关,疑罪的审理程序体现了司法的集权性,疑罪的处置遵循慎刑价值。传统的刑事诉讼的目的在于维护统治秩序,而疑罪制度是实现这一目的重要手段。 Legal truth is not equal to the facts of the case, which makes the emergence of doubt inevitable. The suspicions of ancient society concentrated the typical features of traditional justice. Suspecting is the product of the principle of presumption of guilt, and the cognizance of suspicion is closely related to the rules of evidence referee based on confession. The adjudication procedure of doubtful crime reflects the centralization of judicial power. The handling of suspected crime follows the penalty value. The traditional criminal procedure is aimed at maintaining the order of the rule of law, and the system of suspected crimes is an important means to achieve this goal.