The Application Of "in Dubio, Pro Reo"in The Case Of She Xianglin

Since the reform and opening up, china’s legal environment has been greatly improved and a series of laws have been enacted, however, we should recognize that there is a long way to meet the goal of law society. As a mature law society, there are two factors which are laws and legal environment should be possessed, that is to say, the mature law society should have the law which reflect the legal conscience and legal environment which is cultivated by the rule of the law. In the judicial practice, if there are the case of She Xianglin in Hubei Province, the case of Zhao Zuohai in Henan Province, the case of Shi Yansheng in Heilongjiang Province, the case of Lie Yeyan in Jiangxi Province,, the case of Li Tianrong in Gansu Province, and the case of Sun Wangang in Yunnan Province…,and, Nie Shubing’s case in Hebei Province,although the murderer has been discovered but still no redress to him. In these cases, the rule of law why not protects them? And, what is the spirit of the rule of law?From the preliminary studying on judgment of the cases of "She Xianglin phenomenon’", we discovered that there is a common characteristic, which are the cases with lots of doubts problems and the cases with a lot of insufficient evidence. As doubtful cases, the principle of "In dubio,pro reo" can or not be achieved,which not only concern the protection of the individual rights of the person in the case, but also the fate of Socialist legal construction and the long-term existence of the spirit of the rule of law.By analyzing the case of She xianglin, the purpose of this paper is to study the application of the principle which is "In dubio, pro reo" in the specific judicial practice. In the first chapter, we mainly find out the relationships between the Legal problems in the case and the principle. In the second chapter, firstly, to make a theoretical foundation for the specific case analysis, we study the value objectives and the application scope of the principle from the theoretical points. Secondly, connecting with the case of She Xianglin, we further investigate the legal issues arising from the application of the principle in the law by analyzing the improper and proper application of the principle in this case, and meanwhile sort out the available countermeasures. In the third chapter, we try to figure out the ways of the proper application of the principle in future by examining the application barriers of the principle and exploring the factors impeding the application of it.