The Theory Of Suspected Crimes From Arising

Has long been a suspected crimes from arising, in the criminal law educational worldattention has been praised by scholars, the wide divergence of the view. Currently,suspected crimes arising from litigation law in our country has already reflected, butthere are drawbacks. This paper first introduced the concept of suspected crime,because the master had suspected crimes from principles must first know what is thesuspected crime, about the concept of the controversy has been suspected crime is verybig, this article’s view is suspected crimes including convicted, only not includingapplicable law issues, the two strictly distinguish, whether in the criminal suspect orthe defendant’s act constitutes a crime that is the difficulty to call it a suspected crime.In the stage of the litigation suspected crimes from arising in the examination andprosecution and trial stages have been reflected, but there is still not perfect place, inthe investigation stage, our country has no regulation, of a suspected crime so shouldperfect the legislation of suspected crime investigation phase happen. According to thecommon practice of all countries and the experience of practice in our country, think ininvestigation phase when suspected crimes shall be decided to drop the case. In thetrial procedure, in the first instance procedure is not clear, the lack of evidence to thefact of case, specific provision should be made the fact is not clear, the acquittal ofinsufficient evidence, but in a second trial, and other applications, there is no directprovision for suspected crimes according to the suspected crime from without, but canbe modified or cancelled after find out the original judgment the retrial. Law to makesuch a two-tier appellate system for security, is the fact that in order to guarantee theunclear of the right of appeal, but in today’s society is a society under the rule of law,the retrial system means that the entire proceeding to walk again, not only for thereport is extremely detrimental to the protection the legitimate rights and interests of,but also conducive to improve the efficiency of lawsuit and save the judicial resources.So proposal to abolish the retrial system. On suspected crime from principles have acertain understanding and embodiment of the litigation stage in our country have acertain understanding, is about to start analysis suspected crimes arising from theplight of the full implementation in our country, from the concept, some problems inthe legislation, system analysis, for the perfection of different countermeasures fordifferent questions. The existing social concepts for suspected crimes from or reduce processing method, and in the judicial system, courts function confusion, judicialindependence, absent or imperfect in legislation, for suspected crimes brought fromunprincipled implementation barriers. This article from the three aspects to find perfectcountermeasure, change the idea of judicial personnel and the masses, every stage ofthe litigation legislation and establishing the principle of presumption of innocence,improve the legal system environment, for suspected crimes from unprincipledimplementation to create all aspects of the environment. In addition, in the judicialpractice, we must strictly distinguish between the boundaries of sin from without anduntrustworthy punishment from light, a struggle for both conviction problem, aproblem of the applicable law and are obviously different in nature, in processingmethods must also be treated differently.