An Empirical Study On The System Of Insufficient Evidence And Non Prosecution

The right of public prosecution is the power of the people's Procuratorate to represent the state and to prosecute the criminal suspect in accordance with the law in accordance with the law.In China,the right to public prosecution is handed over to the people's Procuratorate,and in addition to this authority,no organization has the right to exercise it.The right of non prosecution belongs to the category of public prosecution power.As the right of action,the position of non prosecution is very important.The reason why the prosecution right is not set up is to allow the procuratorial organ to exercise the right of public prosecution.When the criminal investigation organs to the procuratorial organs,procuratorial organs to exercise the right of public prosecution,the prosecution,and not all of the suspects were criminal responsibility,because the investigation organ and procuratorial organs of the evidence,or minor crime,the procuratorial organs that need not be investigated for criminal responsibility,the procuratorial organs can the decision not to prosecute,this is the end of a procedure,is the principle of presumption of innocence criminal litigation,economic theory,theory of human rights protection.Therefore,there is no doubt that the existence of non prosecution system is of great significance.There are three main types of non prosecution in our law,namely,non prosecution,absolute non prosecution and relative non prosecution.Comparatively speaking,the lack of evidence and non prosecution are relatively complicated systems.It has both the facts and the evidence of the crime,and the procedure is strictly required.Although the law of our country does not have enough evidence,the relevant procedures and conditions for the use of non prosecution are clearly defined.But the lack of evidence and the system of non prosecution are of great significance.In order to make it play its full role,the problems of insufficient evidence and non prosecution system still need to be studied deeply..The first part of this paper introduces the theory of value that the evidence insufficiency does not sue the principle of presumption of innocence,criminal litigation of economic theory,the theory of human rights protection three theoretical basis,and through the analysis of the value in the case of the United States Anglo American evidence insufficiency does not sue the system and in Germany as an example of continental law system countries lack of evidence does not sue the system the lack of evidence abroad not to prosecute the investigation and evaluation of the evidence insufficiency does not sue.The second part takes the L District of J city as an example to analyze the present situation and the reasons for the lack of evidence in our country.By analyzing and summarizing the cases of insufficient evidence and non prosecution in the L District in recent four years,this paper presents the characteristics of the evidence and the features of the non prosecution and the reasons for its emergence.The third part is the analysis of the difficulty of the lack of evidence,namely,the lack of evidence and the application of non prosecution in practice.This part starts with a case and analyzes the reasons for the lack of evidence.The second part and the third part are the focal points of this article.They are illustrated by a large number of data analysis and case studies.Through the analysis of the present situation and difficulties of the system of insufficient prosecution of evidence,the fourth part puts forward some suggestions for improving the lack of evidence and non prosecution.