The Reasons Analyze And Reform Measures Of Difficultly Obtaining Acquittals In Innocent Defendant’s Cases In Our Country

Through overall data of acquittal have been counted, the rate of acquittal has been at alow level and there is a downward trend. Criminal injustices to be disclosed successivelyare in contrast with the status of low rate of acquittal in our country. While low acquittalrate also increases the probability of miscarriage of justice in criminal proceedings. Atpresent, scholars have demonstrated that acquittals are difficult to obtain; on this basis, theauthor intends to explore the reasons of difficultly obtaining acquittals in innocentdefendants cases in the following aspects: First, it’s lack of the spirit of modesty incriminal law. A felony prejudice leads to the fact judicial officers prefer to guilty verdictseen from the structural distribution of injustice cases. Modesty principle in criminal lawisn’t fully penetrated into the criminal justice process because of the lack of a rational legalenvironment. Second, the standards of Judiciary’s performance evaluation abate functionof the principle of presumption of innocence. Whether the People’s Procuratorate or thePeople’s Court, the current evaluation mechanism is with heavy political overtones ratherthan professional characteristics; its purpose tends to more effective management ratherthan promoting a fair trial. And the structure of litigation isn’t reasonable. Last, the modeof argumentation and admitting evidence in our trial has disadvantages. The behave ofadmitting evidence is not standardized. When the principle of presumption of innocence isnot completely implemented, the judges make a guilty verdict using abductive reasoning.The author suggests that the court should have a higher status in the relationship betweenthe prosecution and the trial. The judiciary should cancel the setting of acquittal rate injudicial performance evaluation. Innocent defendants’ the right of defense in litigationshould be improved, etc.