Suspect As Innocent

Though the principle of "In Dubio Pro Reo" is theoreticallydiscussed so much, however, the researches are always concentratedon the conception, the character, the effect and the theoreticalfoundation by analyzing the jurisprudence and the provisions. So theway of the researches and the result of the researches are single.Moreover there is not enough concern on the phenomenon and the problemof the legal practice of the criminal procedure. After havingnecessarily switched the basic theory of the principle of "In DuboisPro Reo", this paper makes a better understanding of the difficultcondition of the judicial practice of the principle of "In Dubio ProReo" by means of the questionnaire on some judges from a big cityof China, the statistical data of "The Working Report of the SupremeCourt of China" and the interrelated cases. Under this background,this paper tries to take the problem of the practice of the principleof "In Dubio Pro Reo" as a social problem and than give a theoryanalysis about it and makes great efforts to find the possiblesolution.This paper will point out, the reasons for the difficultcondition of the judicial practice of the principle of "In Dubio ProReo" are as follows: First, there are certain grave defects in theCode of Criminal Procedure Law of China; Second, there are a lot ofthe barrier factors from the dated conception of legal system; Finally,what is more easily be neglected is the interests structure formedby the managerial system of the administration of justice.Accordingly, to solve these three great problems, we should make abetter modification of the Code of Criminal Procedure Law, take moreefforts to cultivate modern legal ideas and pay more attention todesign new relations which is more considerable and more detailedfor the judicial responsibility system.