"Insufficient" Acquittal Difficult When The Cause And The Crack

"Insufficient" acquittal is the criminal procedure law of the People’s Republic of China in the third paragraph of article 195 of the an important rules,the rules of human rights protection has an important role,especially for suspected crimes from unprincipled implementation is particularly important.However,in terms of China’s current criminal case acquittal rate,is still in a low level.In the judicial practice of criminal procedure law enforcement,courts across the three organs "division is responsible for and cooperate with each other,restrict each other," the principle of error is used,the influence of such factors as the court is hard to make the acquittal of insufficient evidence.But as we all know is accompanied by the social public in recent years of criminal justice in some high attention,the judicial organs was once at the forefront of public opinion,the judicial credibility to a certain extent,have also been disparaged,to some extent,and the rule of law construction in China requires the contradiction between the increasingly prominent.Therefore,a thorough analysis "insufficient" when the court acquitted the difficult reason,suit the remedy to the case,crack,clear the way to implement points better,is imperative.Integrated in full,this paper mainly from three aspects of writing,the first on the one hand,the author mainly acquitted for lack of evidence,the nature of the laws and regulations and judicial interpretations for the acquittal of insufficient evidence are summarized;The second aspect is mainly for lack of evidence on more comprehensive analysis on the problems of;Third in terms of writing,the author has selected the 100 acquittal case analysis of the status quo of China’s acquittal,on the basis of combining with some cases in the judicial practice of our country on the causes of insufficient evidence of the acquittal difficult argument,and put forward the way to three crack,to solve the problem of the acquittal of insufficient evidence difficult.