Research Of Acquittal Current Situation,Problems And Improvement Path

For a long time,cases that reach Chinese courts ending in acquittal among the effective criminal judgments are very few,and have not been sufficiently taken into account by people.Analyzing various reasons that influence people’s court to make not-guilty verdict,we can find that the crux of the problem is the lack of China’s relevant judicial system,the responsibility of judicial justice not implemented earnestly,the judicial concept of respecting and protecting human rights still not really established,exercising jurisdiction independently according to the law not guaranteed efficiently,and the public’s perception of acquittal not easy to be accepted also not changed.Based on these above,this paper,in addition to the content summary,is divided into four parts.This paper tries to empirically research on the cases that end in acquittal and carry on the statistical analysis to it on the basis of making an overall statement about acquittal.And based on analyzing the cause of low rates of acquittal in criminal cases,this paper proposes the ideas of acquittal guaranteed system in order to improve the legislation and justice and deal with the problem of people’s court’s hard to make not-guilty verdict.The first part is the content summary of the acquittal.And introduces the relevant of the acquittal from the theories foundation,legal basis and proceedings of the acquittal.First of all,sort out the theories foundation of the acquittal and introduce the relevant theory of the acquittal.Secondly,comb the rules for the acquittal to define the basic concept of the acquittalthat is the substantive decision the people’ court makes according to the standard of proof that the case.Finally,by teasing apart the legal proceedings that make the not-guilty verdict,the acquittal may arise from the first trial,second instance or justice supervision procedure,then we can have a much better picture of how to make the not-guilty verdict,laying the theoretical knowledge foundation for the second empirical analysis.The second part is the analysis of the practice status of Chinese not-guilty verdict.Which is analyzed from macroscopic and microscopic aspects of the acquittal data.First of all,on a macro level,we can aggregate the acquittal data from 2006 to 2015 in China’s court and graph it easy to make a comparative analysis by querying the public justice statistics,then find that the cases reaching Chinese courts ending in acquittal are few,but only from the amount,we can not find what the problem really is and give a further thorough on the problem and evaluate it.Secondly,through analyzing the overall present data of some local procuratorates’ withdraw charges,it reflects microscopically that the low rate of acquittal has some internal relationship with ways of procuratorates’ withdraw charges in place of acquittal.Then,in order to make the empirical research more detailed and reliable,this paper selects 150 not-guilty verdicts documents that are published on the Chinese referee document network,and released by Fa Zhou Criminal Defense research center.This paper summarizes the features of them.On the charge,infringing personal rights of citizens,democratic rights,corruption and bribery,and crimes of property violation,these above charges ending in acquittal take up large proportions;after holding the second trail and the trail supervision procedures,cases ending in acquittal make up a greater proportion;in the analysis of the samples,the cases acquitted in “lack of evidence” take up more than the legal innocence.The third part is the reasons for restricting the acquittal.In the process of criminal justice trial,there are many alternative ways to replace the court to make not-guilty verdict,which is the direct reason leading to the low rates of acquittal.The fundamental causes,however,have to do with its really judicial concept and the judicial system.Therefore,this part analyzes the low rates of acquittal from three respects.Firstly,in the legislative dimension,such as criminal law’s and criminal procedure law’s general and not workable on the specific provisions involving conviction and innocence.Secondly,in the concept dimension,criminal law aims to crack down the criminals not protect the people’s rights,“guilty until proven innocent” dominants the judicial concepts of judicial officers,and the acquittal are hard for the public to accept.Thirdly,in the institutional dimension,some cases are not very well coordinated,the procuratorates choose to withdraw the charges to avoid the acquittal and there are some unreasonable assessment systems in investigative organs and prosecutors organs,and “forms of lawsuits centering on the investigation” in China in past also have some effect on the acquittal.The fourth part is the idea and countermeasure to improve the status quo of acquittal in our country.The purpose of improving the acquittal system is not to pursue more acquittal,but make the acquittal play better role in the process of judicature and judgment,and make the court take the doubtful cases of crime and some judgments “that the law is silent in ” in the right spirit and by law.That is,we should cultivate and practice the concept of modest and restrained criminal law in criminal judicature;improve the criminal procedure law to ensure procedural justice;guide the public rational understanding and treatment of acquittal;establish a reasonable evaluation mechanism of public security organs,procuratorial organs and people’s courts;take various measures to implement the central position of the course of trail and then form an effective guarantee mechanism of acquittal.