The Study Of The Judgment Of Acquittal During Criminal Proceeding

Our current criminal proceeding system is still not yet an advanced criminal proceeding system. Although the goal of both the Criminal Code and the Code of Criminal Procedure is to combat crimes, there is no basic principle of this system- human rights protection. In addition, the lack of the basic principle in the Criminal Code and no real independent judgment from trial judges results in acquittal cases that are difficult to be declared. Therefore, under the current model of criminal procedure, to provide better protection of the basic rights of the accused, and also to seek a right way to reduce the unright conviction, we think it is necessary to further investigate the types, theoretical foundation, value of acquittal cases and the basic principle that we need to follow. Based on modern criminal patterns and related criminal policy, we further analyzed why the acquittal cases are not successfully judged in our study. Meanwhile, we made a reference to the basic principles of foreign contemporary criminal justice, took our current criminal laws apart, and expounded personal opinions on the right of innocent cases. We wish our study could make a contribution to both the judgment of acquittal and the improvement of principle of modern criminal justice during Criminal Procedure Law and Criminal Law are amended.