Treatment Of Doutful Case At Investigation Stage

In 19%, China amended《Criminal Procedure Law》, and absorbed the core of the principle of "Assumption of Innoncece" , established the principle of "assuming disputed crimes innocence", which is different from the beforehand condition: assuming disputed crimes suspension. However, the principle of "assuming disputed crimes innocence" only has two aspects of manifestation: The People's Procuratorates makes the decision not to initiate a prosecution or the court pronounces the judgements that the defendant is innocent, both on account of the fact that the case is not clear and the evidence is insufficient, the present law makes no provisions for treatment of doutful cases at investigation, as a result, the cases may be suspended,or be reluctantly transffered to the Peoples Procuratorate for examination,even then be withdrawn by the public security organs according to The Peoples Procuratorates's advice. The essential reason is that the present law doesn't empower the public security organs to dismiss the doutful cases.This article begins from the spiritual essence of the principle of "assuming disputed crimes innocence", tries to analyse the foundation in leagl theorys and the principles which should be obeyed. Based on the profit from the mature legislation of the other countries , procedures for dealing with doutful cases at investigation stage will be thought and made. The main text is divided into five chapters. The first chapter is the analysis of the poewer of dimissing the doutful cases in the viewpoint of legal theorys, which is divided into three sections. The first section introduced the concept of doutful cases and the power of dismissing the doutful cases; The second section introduced that doutful cases is unavoidable at investigation stage and the principle of "assuming disputed crimes innocence" should be applied in entire stage of criminal procedure; The third section introduced the value of the principle, which included that it is advantageous in protecting human rights deeply and realising procedure justice as far as possible early, distributing investigation resources rationally and controlling investigation cost, strengthening consciousness of paying attention to evidence and rasing investigation ability.The second chapter is about the present condition of treatments of doutful cases at investigation stage in legislation and judicial experience, which is divided into two sections.The first section introduced the present legislation,which concluded the background of establishment of the principle of "assuming disputed crimes innocence" in china , the present legislation about conclusion of investigation, the cause of lack of the power of dismissing doutful cases; The second section introduced the judicial experience of treatmen of doutful cases at investigation stage, such as suspention,extended custody, being guaranted for pending trial without no time limit, cases being reluctantly transffered to the Peoples Procuratorate for examination.The third chapter is about the introduction of the legislation about treatments in doutful cases at investigation stage in other countries and absorption from these legislation,which is divided into two sections.The first section introduced the legislation,which concluded the power of dismissing doutful cases, the standard of definition of doutful cases ,the mechanism of supervision,constraints and relief, reinvestigation after doutful cases being dismissed;The second section introduced what we can learn from other countries' legislation.The fourth chapter is about necessity and feasibility of establishment of system of dismissing doutful cases, which is divided into two sections. The first section introduced the necessity, which included terminating doutful cases at investigation stage and integrating the legislation system of the principle of "assuming disputed crimes innocence"; The second section introduced the feasibility, which included three aspects: procedure making itself, present constitutional system and experience accumulation,public mental endurance.Ths fifth chapter is about reflections on the improvement of legislation in the power of dismissing doutful cases at investigation stage, which is diveded into four sections. The first section is about the standard of definition of doutful cases, which included two aspects: evidence and the time limit; The second section is about the principles which should be obeyed in legislation, which included the principle of statutory procedures,restriction of power,participation in procedures,timeliness,non- finality; The third section introduced the procedure of dismissing by the public security organs and the procedures of supervision by The Peoples Procuratorates; The fourth section introduced the follow-up procedures after dismission, which included relief,admissibility of clues,reinvestigation...