Acquittals In Criminal Cases Difficulties And Solutions

Verdict in criminal cases, there are two: guilt and innocence. Criminal case, theconviction rate of over99%. Correspondingly, both theoretical circles or practitioners onthe acquittal of attention and research are not enough. In a sense, the attitude towardsacquittal reflects a country’s judicial right of "justice and efficiency" value choice, more areflection of the degree of development of a country the rule of law. In this paper,Chongqing court acquittal last decade and related data for the object to start research,trying to reveal the status of acquittal, and to explore the plight of a way out. The surveyconsists of five elements:The first part of the survey ’s purpose and meaning. Through the acquittal ofinvestigation and analysis, depth acquittal facing many difficulties and their solutions, helpto further reflect on our country’s criminal justice system and to make appropriateamendments. An objective and impartial view of acquittal under the current legalenvironment has great significance, which is to safeguard social fairness and justice andthe rule of law inherent need is to promote justice and judicial behavior judicial philosophyreflect the urgent need to correct the public and is public awareness of the objective needsof the media law, but also deepen the theoretical study of law and to avoid or reduce theoccurrence of miscarriages of justice and needs.The second part of the survey method. In this paper, Chongqing court acquittal2003-2012and related data for the survey, the integrated use of a sample survey, datastatistics, literature survey, case studies and other research methods.The third part of the survey results. Through investigation, revealing the courtacquitted both absolute and relative status of a sharp decline for decades, and found thatthe trend with the number of cases prosecuted Procuratorate withdrawal trend is basicallythe same, but with the court sentenced the number of cases exempted from criminalpunishment trends roughly the opposite characteristics.The fourth part of the analysis and discussion. Small number of acquittals in criminalcases, the proportion of small, mostly facing difficulties following four aspects: First, theconcept of dilemma. Purpose of punishing crime Criminal preferences, the judiciary "presumption of guilt " thought not yet eradicated, makes acquittal made doubly difficult. Second, institutional difficulties. Procuratorial system development process of theparticularity profound impact on the structure of criminal proceedings, the prosecution andthe defense in the trial ideal triangular relationship so far has not really established,entrusted with leading political and legal organs involved in the handling of cases and casestudies make clear instructions improper comments. Third, the system dilemma. Thestandard of proof required by law for the prosecution, courts are the same, the court againstProcuratorate accused guilty there is the difficulty to make different conclusions and seizurelaw as the same level of state organs, with more than the lack of constraints, objectivelyhinder free make a conviction. Fourth, the practical difficulties. Lawyer system innate "malnutrition " development difficult, objective assessment indicators judicial tolerance islow, and the public on the acquittal misconceptions (acquittal is indulgence criminals) togive the " not the letter of law " caused by the enormous pressure，leading to lack of realityacquittal support.The fifth part countermeasures and suggestions for acquittal raised the plight of thecrack of the road. Acquittal facing many difficulties, how out of the woods and find a wayout, from the following aspects: First, a comprehensive grasp of criminal law purposes,changing mindset. Further highlights the purpose of criminal law to protect human rights,to fully understand and improve the presumption of innocence principle. Second, a clearseizure law duties and positioning. Procuratorate has the objective, the Court has anindependent judicial power, both in the division responsible for moderately fit under thepremise, and the constraints of the court’s Procuratorate procedural constraints, the court ’sProcuratorate of the constraints of physical constraints. Third, improve the judicial work ofthe party leadership, strengthen macro guidance, to eliminate cases of supervision.Fourth, face legal profession, to protect the accused the right to defense.Fifth, the reformof the judiciary performance evaluation mechanism, simple to use to evaluate the judicialact right or wrong assessment is unscientific, assessment goal is not to not make mistakes,you should set a range of fault tolerance, fault tolerance to error correction.Finally,increase the intensity of open justice, respond to people’s concerns andexpectations.