Empirical Research Of Operation Of Lacking Of Evidence To Prosecute

Lack of evidence to prosecute the legislative intent is to strengthen the protection of human rights,judicial function optimization,its practical effect is to check for the quality of public prosecution cases,reduce the rate of acquittals,implement procedures and substantive justice.However,in judicial practice,the lack of evidence to prosecute the application of the effect is not ideal,there is a disadvantage to combat crime,inadequate protection of the rights of the parties and other issues.From the empirical point of view,to be analyzed by the prosecution for lack of evidence during the operation of the existing problems,reveal cause of the problem,make recommendations,in order to provide a reasonable path for the sound system,so as to play its due role.Text is divided into four parts,a total of twenty-nine thousand thousand wordsEmpirical Investigation of the first part of lack of evidence to prosecute the operation.Taking H City prosecutors namely H City Procuratorate and the city-owned 12 grassroots procuratorates past five years-Evidence(2010-2014)are handled less not to prosecute the case as the main object,the lack of evidence to prosecute the application rate and cause of action,the case evidence defect cases,complementary aspects of the investigation and the parties to the case and so the relief was investigated.Overall,the lack of evidence to prosecute applicable rate increased year by year,reflecting the increased awareness of human rights protection of prosecutors,but there are doubts about the cause of action more concentrated,more evidence in the case defects,higher secondary Tuibu rate case,the parties apply for relief success rate not high phenomenon.The second part is the lack of evidence to prosecute the main problems and reasons existing in the process of analysis.Article said: At present insufficient evidence to prosecute not present during the following five main issues: First,the investigating authorities forensics quality is not high;Second,the case for supplementary investigation tends to be "formalized";Third,the lack of evidence of the prosecution process efficiency is not high;Fourth,there is insufficient evidence to prosecute is not subject to evaluation mechanism;Fifth,the parties are not guaranteed the right to relief.The reasons are the following five aspects: First,lack of forensic investigation authorities capacity,evidence consciousness;second is the lack of communication Detection and Prosecution,fill permits single way;Third,legislation disadvantages,justice does not consider the issue of cost;Fourth,the assessment mechanismis not science,contrary to law and litigation;Fifth,the law is not careful,the lack of safeguards the right to relief.The third part of the reform for lack of evidence put forward a sound idea not to prosecute the implementation issues.Articles that: First,to strengthen the guidance and supervision of prosecutorial investigation,refinement procuratorial work guiding investigation procedures and conditions,making it more operational;regularly or,if necessary,by the Attorney General proposed the convening of the joint meeting of the public prosecution evidence of major problems in difficult cases consultations;further clarify the procedures and conditions of their own investigation,the refund mechanism as an effective complement to supplementary investigation;through the establishment of illegal evidence exclusion notice and accountable mechanisms for evidence of illegal conduct substance evaluation to improve the quality of evidence the investigating authorities.The second is to simplify the decision not to prosecute for lack of evidence procedures: Give principal prosecutors not to prosecute start discretion,to ensure that lack of evidence to prosecute recommendations be timely;the case to discuss streamlining procedures,Review Committee to adjust personnel structure;cancel pre-approval process implement referrals and filing procedures.The third is to improve the public prosecution service examination system: by establishing a mechanism for handling responsibility assessment,standardize judicial practices;improve the assessment objective reasoning mechanisms;removal of unreasonable assessment indicators.Four if the establishment of an effective remedy security system: through the establishment of "Public into Private Prosecution" evidence convergence mechanism,reduce the threshold of the complaint,the establishment and review of the compensation does not appeal synchronization mechanism to smooth relief channels,to provide support for the protection of rights of the parties.