Research On The Principle Of "Non-existence Of Doubted Guilt"

There is a principle in ancient Rome law says that "Doubt,is the benefit of the defendant",which is the origin of the principle of "non-existence of doubted guilt".The Principle of "non-existence of doubted guilt" is derived from the principle of presumption of innocence,and at the same time,it is a specific content of the principle of presumption of innocence.It means that in the case,if we can prove that a person is in guilty or a person is not guilty,he is presumed to be innocent.The establishment of the principle of "non-existence of doubted guilt" is the result of the balance of interests in criminal proceedings,although the implementation of the suspected crime from unprincipled may make the criminals go unpunished,it is of great significance to prevent the occurrence of miscarriages of justice and effectively protect the legitimate rights and interests of criminal suspects and defendants.It can be said that the implementation of this principle is not thorough in our country in a certain period of time is an important reason that the miscarriage of justice occurred.Also,This principle has an important influence on the construction and perfection of the evidence system in criminal procedure.Tell objectively,The research on the principle of "non-existence of doubted guilt" in the academic circles still needs further study.In particular,these should be the key problem that the standard identification of the suspected crime,the identification process,the specific requirements of the crime without doubt and the question of the impact of the principle of "non-existence of doubted guilt" on the criminal procedure system.This article makes an in-depth and systematic study on the principle of "non-existence of doubted guilt",It is on the basis of defining the concept and connotation of the principle of "non-existence of doubted guilt",analyzes the development process of the principle,having a general understanding of this principle.This article discusses the basis of the evidence law applicable to this principle,analysing the requirement about the burden of proof and the standard of proof of the principle.Through the study of the implementation of this principle in the Anglo American law system and the continental law system,summarizes the successful experience.Based on the above,this article focuses on the application and the problems of the principle of "non-existence of doubted guilt" in our criminal procedure,and propose some countermeasures about how to carry out this principle in criminal procedure.