On China's Processing Mechanism Of Doubted Guilt

Doubted guilt refers to a guilt which has some inconclusive points and can not remove them reasonably.How to deal with doubted guilt reflects a national criminal prosecution idea and judicial civilized degree. Our criminal procedure law modified in 1996 has absorbed the thought of the Acuused Innocencent until Proven Guilty,which provided Non Prosecution and Judgement of Insufficient Evidence. But these two stipulations did not mean that our country has already established the system and civil plan that processes doubted guilt.With the express provision of Judgement of Insufficient Evidence,our judicial authorities process doubted guilt illegally and as desired.So,the doubted guilt was a very important topic which has great theoretical value and realistic significance.This article can be divided into seven parts.The part of preface mainly raises question and explains research methods and mentality.The contempt for doubted guilt reflects our real manner that we treat defendant's right and his status,which in turn has caused the procesing's confusion and its excessiveness.This article pays more attention to comprehensive application of value analysis,comparative study,economic analysis and positive research from various angles.The second part is the outline of doubted guilt,which describes a complete frame from several aspects ,such as its concept,forming course,object and so on.Doubted guilt is essentialy a indefinite state in fact investigation and law application,whose object includes law,substantive and procedural facts.It is the prerequisite and foundation of the processing mechanism of doubted guilt to outline the concept and judging criterion of doubted guilt.The third part lays more emphasis on six processing methods of doubted guilt,which will provide some advice for our processing mechanism's construction.The origination of these precessiing methods has its historical background,progressive quality and limitation.Based on sufficient analyse on these metheods,the processing mechanism constructed by us can be effective and operative.The fouth part is devoted to proving the principle's rationality of the Acuused Innocencent until Proven Guilty. The Acuused Innocencent until Proven Guilty is not only the request that safeguards the human rights but also the objective need of the criminal law essence and criminal procedure's basic character.We should prescribe a system for doubted guilt,which will play an equally important part in ensuring the defendant a fair trail,in taking part in the court's judgement and in guranteeing human rights.The fifth part introduces our legislation,judicial practice and Several barriers for the Acuused Innocencent until Proven Guilty,which will Provide the realistic foundation for our processing mechanism's construction. Since the Criminal Procedure Law become effective, Doubted processing has being extremely chaotic,which has dirrectly affected defendant's right,unified judicature and penalty's basis.Some traditional concept and other events are barriers for the construction of our processing mechanism.Based on above each chapter,the sixth part proposes the complete conception for processing doubted guilt. it has become an unavoidable choice for the reform of criminal law suit to set up the principle of the Acuused Innocencent until Proven Guilty in all-counted sense and other valid assisting mechanisms.The last part pays more attention to urgent reality for constructing the processing mechanism of doubted guilt and forecasts its future.