Theory Of "Would Rather Acquittal Improper"

How to deal with the unknown fact of case is always a difficult problem for judges. Truthis not the case that weusually said the case, that there is evidence to prove that the suspect hasthe significant committing a crime suspicion has not fully conclusive evidence to prove thereal criminal suspect is the case. In the face of mystery,the judge must make a balance ofinterests: no punishment in doubt case or convict in suspected crime. The development ofdoubtful crime to today, out of a "new"road: suspected crime convicted lighter, which meansguilty but lighter punishment. In the face of doubtful crime,"conviction","lighter conviction"is bound to lead to a large number of misjudged criminal case processing. Recently, emergingin an endless stream of misjudged criminal cases in shock and sensation has also repeatedlyexposed shortcomings in China’s judicial, become an important factor affecting socialstability.Should the judges be how to deal with in the face of doubtful crime? Should be convictin doubt case or suspected as innocent? In May6,2013, the executive vice president of theSupreme People’s court in the people’s court newspaper Shen Deyong published "how weshould prevent miscarriages of justice" one article, pointed out that "we must keep a clearunderstanding, at the same time in thought to further strengthen the prevention ofmiscarriages of Justice consciousness, like great scourges as precaution to preventmiscarriages of justice,rather acquittal improper, can not be wrong"."Would rather misplaced,not wrongly" put forward reiterated in the face of suspected crime should be the presumptionof innocence, presumable innocence principle, points out away for our criminal policy, has anirreplaceable significance for the development of criminal policy in china. For a long time,China’s criminal policy is always adhere to the "do not wrong a single good person nor let offa single bad one " spiritual guidance,"do not wrong a single good person nor let off a singlebad one" is the concept of an ideal state of us, this ideal state does not always fully into reality,"do not wrong a single good person nor let off a single bad one" in the implementationprocess often focus on "no letting off", in the judicial practice also can easily slide intowronging a single good guy rather than letting off a single bad guy, severe penalty doctrine,blow the light protection, heavy entity light procedure legal cultural tradition.With the development of economy, the building of a harmonious society, human rights,the rule of law concept has win support among the people, safeguard the rights of the individual demands increasingly urgent. The presumption of innocence, presumableinnocence has been in the international society increasingly mature today, we still have no indoubt for the defendant. This paper attempts to our country criminal policy combing, startingfrom the judicial practice of China’s " do not wrong a single good person nor let off a singlebad on" criminal policy under the guidance of misjudged criminal cases, typical case analysis,in order to analyze the "rather acquittal improper" of this criminal policy in our country thenecessity and urgency of the establishment from two aspects of theory and in practice, andhow to do it "would rather acquittal improper " put forward their own proposals for reference."Would rather acquittal improper, can not be wrong " is the presumption of innocence.The criminal judicial practice of Criminal Misjudged Case "would rather acquittal improper,can not be wrong" is proposed and the need to establish in our country; development ofhuman rights theory, the theory of constitutional government, the construction of aharmonious society as "rather acquittal improper, can not be wrong" provides securityestablishment, laid the foundation of "would rather acquittal improper, can not be wrong"itself contains the values of human rights, the rule of law value shows its importance in ourcountry to establish the.For the implementation of "would rather acquittal improper, can not be wrong", first ofall, the judicial personnel and the public must establish the correct concept of presumption ofinnocence in thought. Only the judicial staff objective and rational justice, social public tocreate a just society atmosphere,"would rather acquittal improper, can not be wrong" to havethe possibility to implement in practice. Secondly, to form the trial center,playing court trialfunction. Any person who is not the legal judgment cannot be found guilty. Third, supervisionshould establish unity responsibilities and accountability system. Strong supervision andaccountability system to ensure that all of our planning and design will not become a papertalk, so as to ensure that "would rather acquittal improper, can not be wrong" effectivelyimplemented in judicial practice.