The Theory Of No Punishment In Doubt Case

The difinition of suspected crime is a situation that the judicial organs confirm toughly to the crime of the criminal defendant.As a well-worn judicial phenomenon, there are a series of implemention principle to suspected crime since the ancient times. The divinity of for a suspected crime, the extenuation for a suspected crime, the forgiveness for a suspected crime, the ransom for a suspected crime and the comment for a suspected crime show the implemention ways for presumption of no innocence to suspected crime. In that case, the national penalty power is unchecked abuse, torture become common to criminal suspects, which is tortured into making confessions for so many suspects. The presumption of no innocence is the common implemention way to suspected crime when the new law has not been established yet in the early years of the new nation. The article162of Criminal Procedural Law in1996have some rules, that is," the shortage of the evidence must not confirm the defendant guilty, the suspect should be acquitted of all charges without enough evidence, which is the first rule to presumption of innocence in crime procedural law from our country. What’s more, the article195.3of Crimianl Procedural Law in2012have the same rules. As a derivative principle for innocent until proved guilty, the principle of presumption of innocence play an important role from the aspect of the law since the established day. As an important judicial principle, the establishment and implementation of the principle of presumption of innocence from the criminal justice activities is the inevitable choice to the development of human rights protection. As an aside, the principle of presumption of innocence reflects the the rule of respect for human rights and protection the modern country and plays an important role on balancing legal values, which is to maintain the stability and development of social order. Due to the shortage of knowledge on principle of presumption of innocence, there are some defects and shortcomings in actual judicial practice, which cause a contradiction in traditional ideas of Suspected crime case.It is a part of the principle of presumption of innocence to express according to the research of the current academic circles in China,so the research is not a system yet. This paper considers some cases happened in recent years as the research background, then to briefly discuss the concept of Suspected crime case, then to introduce principled origin, theoretical basis and the history of the principle of presumption of innocence.It is clear that applicable situation and difficulties of the principle of presumption of innocence through the analysis of the principle of presumption of innocence between two law systems and national law in different stage of action.Everything has its two sides, the principle of presumption of innocence has great meaning, seeking advantages and avoiding disadvantages is a key in the judicial practice.Therefore, the author puts forward some solutions on problem from the principle of presumption of innocence in the final section of the paper, which are some ideas about how to play a better role in the judicial practical.For example, judicial workers should prohibit torture, set up the modern judicial ideas and so on.