Theory Of Suspecting A Crime Without Being Accused— The Consideration Triggered By The Hugejiletut

Suspected crime from principles is an important principle in the field of modern criminal procedure,Known as the golden rule of criminal procedure law。Suspected crime from unprincipled principle is also known as beneficial to the defendant, the contemporary criminal law safeguard human rights, is conducive to the embodiment of the criminal suspect thought, also is one of the important contents of the principle of presumption of innocence. Suspected crimes arising from specific refers to: the court on the basis of the existing of the prosecution to provide evidence could not prove that the defendants’ criminal behavior, cannot be completely ruled out the defendant implemented accused the suspicion of criminal behavior, from the legal proceedings and legal presumption of the defendant is not guilty, to end the lawsuit behavior principles of law. As an important judicial phenomenon, since ancient times, the principle of processing the suspected crime also vary, such as from one end of the crime, be given a lighter, untrustworthy sin, these principles are reflected is the suspected crime from the treatment This situation, the national penalty power abuse, torture and familiar, cause very suspicious crimes under the torture of torture is torture.. Since the founding of the rule of law is not yet perfect, suspected crimes from sin is suspected at this stage of treatment. With the concept of human rights protection, constantly improve the socialist rule of law system, 1997 of the criminal procedure law stipulated in article 12 "without a people’s court according to law, no person shall be found guilty". In the 12 years in new revised criminal procedure law has made the same rules. Suspected crimes from the principles can be written to the modern criminal procedure law, widely accepted of the continental law system and Anglo-American law system and its profound theoretical basis of the intimate relationship. But in real judicial practice, because our country the thorough enough understanding of the suspected crime from unprincipled, lead to this principle in the process of implementing some defects and deficiencies.Based on vocative Hugejiletu as the research background, then the concept of suspected crime, and a brief description of the development of, and then introduces the suspected crime from unprincipled theoretical basis and significance of suspected crimes and analysis from unprincipled applicable situation and the existing obstacles in our country, in the last part of the article the author puts forward the solution to the problems caused by suspected crimes from unprincipled some concrete countermeasures and methods, how to better play to the suspected crime in the judicial practice from the principles of efficiency and puts forward some ideas.