On The Legislative Perfection Of The No Punishment In Doubt Case In China

No punishment in doubt case is a guide principle for doubt case which is popularly adopted by modern law countries. It is a necessary selection for a country to emphasize the human right protection and also implicate such a benefit judgment: no punishment in doubt case perhaps makes some criminals escaped, but it can make sure an innocent free from punishment; punishment in doubt case can not ensure to punish the real criminals, but treat the innocent unjustly. In terms of steadiness and security of social order, the crime has already destroyed our society, and then the unjust treatment for the accused of doubt case will violate the law again if the accused in doubt case is sentenced to certain punishment and in fact he is innocent. Because such an improper violation is executed by the national judicatory branch which is the symbol of justice, certain bad side-effect it caused by far exceeds the side-effect of making the possible criminal escaped. Therefore, no punishment in doubt case is not only a particular protection for the accuser's human right but also a universal safeguard for any person's human right who is possibility involved into lawsuit.Currently, the studies on "no punishment in doubt case" is disorderly in China.The no punishment in doubt case will be mentioned when somebody argues the "presumption of innocence"; the method of investigation and the result of research are rather single. This paper carries out a systematic and thoughtful research on no punishment in doubt case with a historical and comparative method, and it can contribute to the theory and application of criminal law in China.This paper consists of five chapters. Firstly, Chapter One gives analysis on what is the doubt case and briefly explains the reasons for the production of doubt case. secondly, by introducing how to do with the doubt case in the history, the paper draws a conclusion that "no punishment "is the necessary choice of society. Chapter Two explicates in detail the main theoretical background of no punishment in doubt case, which includes natural law, protection on human right, principal procedure theory, burden of proof theory, presumption of innocence, and all these theories have built up a sound foundation for the existence of no punishment in doubt case. Chapter Three puts emphasis on the introduction to different treatments of common law system and continent law system, and further analyzes the legal force of the treatments in the two law systems, which will help to the legislation and application of no punishment in doubt case in China. Chapter four describes the difficult conditions for the application of no punishment in doubt case in China, and analyzes the idea, legislation and judicature barriers for the application of no punishment in doubt case. On the analysis of the existent problems of application of no punishment in doubt case in China, Chapter Five puts forwards the comprehensive solution as follows:the right conception and procedural justice should take place of the outdated traditional law execution; the legislation branch should perfect the related laws in China; the independence adjudgment of judges ensures the application of no punishment in doubt case.