The Research On Acquittal With Doubtful Evidence

As for acquittal, new Criminal Procedural has confirmed the principle of no punishment for doubtful case of crime. But because of the reasons in the culture of judicial concept, judicial power construction, psychological emotion of victims and construction in judicial ability, there is certain difference between "there are laws to go by-the principle of no punishment for doubtful case of crime has been established"and "there are laws to go by- acquittal in law to suspected crime cases is truly done".It is still a long way to go to generally build up presumption of innocence and no punishment for doubtful case of crime throughout society. The court trial is the last defense line for criminal procedure to attain the fairness and justice of laws. It is the problem to solve in the juridical practice about how to establish the scientific and reasonable mechanism of acquittal, aimed at the injustice cases which appear frequently in criminal justice practice and the practical problems that it is difficult for acquittal with doubtful evidence. And the mechanism of acquittal can correctly grasp the principle of no punishment for doubtful case of crime and ensure that the people's court can reasonably declare the acquittal in accordance with the law. Firstly, the article demonstrates the theoretical basis of acquittal with doubtful evidence.Secondly, illustrate the current situation of acquittal with doubtful evidence in China,analyze the reasons why it is difficult to declare the acquittal with doubtful evidence from the four aspects of legislation, the internal of the judicial authorities, the concept of litigation and the ruling ability of the judge. Meanwhile, make a discussion about the realistic harm caused by the difficulty of acquittal with doubtful evidence. Thirdly,study the relevant provisions about acquittal with doubtful evidence in the Civil Law System and Common Law System to try to find out the relevant reference to solve the difficulty of acquittal with doubtful evidence in China. Finally, put forward several assumptions about establishing the scientific and reasonable mechanism of acquittal in hope to contribute to promoting the reform and progress of the judicial system. At the same time, through the research on acquittal, combat crimes effectively and protect the human rights to proactively safeguard the public credit and the authority of judicial organizations, and guarantee the harmony and stability of the society.