Study On The Illegal Judgment Mode About Lack Of Evidence To Convict

Evidence is the basis to ascertain the facts in criminal justice process, lack of evidence means the criminal facts can not be confirmed, even cannot be identified the defendant guilty. The Criminal Procedure Law of1979, insufficient evidence of first instance must be returned Procurator ate; in Criminal Procedure of1996, lack of evidence, the defendant should be found not guilty, criminal charges can not be established the guilty verdict. However, in judicial practice, courts unclear facts, insufficient evidence at the time, made directly or delays verdict of guilt situations abound, such as the case of Zhao Zuohai, the case of Zhang’s nephew, the case of Li Huailiang. Insufficient evidence to convict illegal referee frequent phenomenon, is not conducive to the realization of China’s Criminal Procedure Law of protection of human rights, the rule of law is not conducive to the construction of China’s modernization, must take appropriate measures to regulate.This paper is divided into four parts, from the analysis of the phenomenon exists insufficient evidence to convict in the practice illegal referee way to proceed, to explore the causes and hazards generated by this illegal way the referee, thus regulating the implementation of the court is insufficient evidence to convict illegal referee behavior proposed countermeasures.The first part lists the forms of illegal referee way, through the relevant cases to the appropriate classification of the type of offense the referee discussed ways that disregard doubt guilty verdict, leaving room for the guilty verdict and delay the decision three forms.The second part is about harm illegal referees.Through analysis of relevant case clearly illegal referee following hazards exists in the criminal justice:an increased risk of criminal wrong case, reduce the quality of investigation, prosecution, and criminal defense stifled the right to exercise and lead to extended detention and so on.The third part focuses on analyzing the reasons for the existence of various illegal ways referee. China has been the center there is a serious investigation tendencies, the role of evidence and reasoning too ignored the judgment, plus court would be within the system and outside the system’s various agencies, organizations and individuals in the intervention, leading to the judge during the trial, the too much emphasis on trade-offs and risk aversion, and can not be based on the facts and the law as the criterion. The fourth part is mainly based on the actual situation of China’s Criminal Procedure Law of the specific rule, proposed ways to prevent illegal referee implement specific measures from unprincipled suspected crime, including criminal prosecution perfect system to protect the external independent court, an independent court system and the establishment of internal misjudged chase accountability system.