Study On The Acquittals In Our Country

As one of the essential and time-honored departmental laws in various laws,Criminal Procedure Law,is established with a dual objective which are to punish crimes and protect human rights.In 2004,the state respects and protects human rights was added into the amendment to the Constitution which demonstrated our nation's steadfast decision to shift its focus of law governance from criminal punishment to human rights protection.As one critical verdict of criminal proceedings,Acquittal reflects a valuable selection of a nation's justice on “equity and efficiency”,as well as the developmental degree of law governance in the nation.However,few acquittals are rendered by the courts in our country;by 2012,the rate of acquittals was at its lowest which was 0.066%,and defendants were nearly 100 percent likely to be held guilty.Meanwhile,our nation fails to carry out enough systematic researches on acquittals.Therefore,it is of great theoretical and practical significance to enhance the researches on acquittals.The paper mainly studies the acquittals in our country.To study one subject,the first thing is to be clear about the definition of the subject.Through the analysis on the connotation and denotation of acquittals,as well as the introduction of acquittal rates which can minutely and directly shows the status of acquittals,the writer makes a explicit definition of acquittals.Secondly,we should go deeper into the subject and understand the current conditions of the subject.In this context,the writer carries out an investigation on the current conditions of acquittals in our country and summarizes the overall condition of acquittals decided in the decade from 2007 to 2016 in our nation.On this basis,the writer summarizes the flexible ways that are applied in judicial practices to process acquittals.Specifically,the writer investigates the condition in two aspects,which are judicial data and practice.The core of the paper is to analyze factors that can influence the decisions on acquittals in our nation through the method of Case Study.Through the study on cases that are rendered acquittals,whose information is provided by LAWYEE,the paper conducts a detailed analysis on factors that can influence the decision of acquittals in our country.On one hand,the empirical study on the relevant cases shows that the factors can be divided into three types,which are objective and subjective factors and case hearing,all of which can exert different impacts on the decisions on acquittals.On the other hand,the paper carries out an in-depth analysis on the cases of low acquittal rate from three perspectives which are law governance,legal institutions and judicial system,to provide reference for rational regression of acquittals.Last but not the least,the paper sets forth our nation's supposed position on acquittals.According to the conclusion drawn on the basis of analysis in the former chapter,the paper makes some suggestions in the following aspects,so as to ensure valid and legal acquittals.Specifically,the paper suggests to direct the public to rationally accept acquittals,guide three judicial organs to treat acquittals in an equal way,establish more scientific evaluation mechanisms,and implement more rational responsibility assigning mechanisms,with the purpose of restoring acquittals to proper status,enhancing acquittals in our country to become one kind of adjudication of justice in a true sense,and ensuring the comprehensive implementation of Centralism Judgment.