The Discussion About Insufficient Evidence Non-prosecution

The original intention of insufficient-evidence non-prosecution system which establishes is based on the innocent estimation principle gives suspect's human rights safeguard maximum limit, causes the innocent person to be exempt from the criminal activity to investigate, simultaneously this system's establishment may enable Procuratorial agency's legal supervision function to realize in the detection stage, for the suing case's quality check, can also play objectively diverges the case before the trial, raises the lawsuit efficiency, the frugal judicial resources role.。Although the evidence insufficiency does not sue the system function like this big, but practices the operational aspect not to be actually smooth, the procuratorial agency universal existence thought that the control evidence insufficiency does not sue the system to be suitable, does not reduce the prosecution rate situation, some basic unit procuratorate even continuously several years present zero evidence insufficiency prosecution rate phenomenon. This system's anticipated goal has not obtained very good realization in the judicial practice.Conducts the deep research to this system, discovered it in legislates and in the judicial movement has the problem: First, insufficient-evidence non-prosecution system is mainly the substantive important document which the evidence insufficiency does not sue lacks the feasibility in the legislative flaw, hinders this system middle the judicial practice utilization; The evidence insufficiency does not sue the restriction mechanism also has the malpractice, testifies insufficient according to does not sue processing the case to examine and approve the procedure to be complex, lacks the transparency; The appeal transfers the private prosecution system to be unable to protect the victim rights and interests truly, lacks the effectiveness. These legislate the flaw affected the evidence insufficiency not to sue the system objectively the smooth movement and the function full display. Next, the evidence insufficiency does not sue the system the question which in reliefs in the judicial movement is mainly the Procuratorial agency to prevent the evidence insufficiency not to sue the system to abuse, the manual control prosecution rate, will not use other ways to testify insufficient according to does not sue processing the case to digest, will cause the evidence insufficiency prosecution rate not to be somewhat low, causes the evidence insufficiency not to sue the system negative abusiveness.Causes in-depth reason which the above question appears mainly to have two aspect factor influences: First, the Judicial organ heavy body light procedure, punishes severely punishes the light protection, the innocent estimation's lawsuit idea has not been accepted truly by the judicial officials; Second, the evidence system existence's flaw restricted the evidence insufficiency not to sue the system objectively the movement. In view of these questions, the author thought that has the necessity to carry on the consummation to the existing system: Suitable condition which does not sue through the refinement evidence insufficiency, strengthens it feasibility in reality; The perfect evidence insufficiency does not sue the restriction mechanism, prevents this system to abuse, plays its proper role fully; Establishes the evidence insufficiency in the legislation not to sue sues the procedure again, prevents the evidence insufficiency not to sue the case to drain, causes the genuine criminal to receive the proper penalty, restores the social justice. Certainly some questions are by no means the simple system consummate can solve, needs to be connected legal regime's coordination and modern lawsuit idea keeping up, therefore, the evidence insufficiency does not sue the system legislation goal to realize also needs the law educational world and the practical realm officer of the court's joint effort, in the judicial practice the lessons learned lesson, consummates this system gradually unceasingly.