The Theory And Practice Of Doubt And Sin

Suspected crime is a common phenomenon in the judicial practice,It is a process that suspected crime from have to doubt out of nothing in deal with suspected crime.The system of suspected crime out of nothing come out is a big progress in judicial reform and the legal system about protecting human rights.Respect and safeguard human rights was adapted to the constitution and human rights was advocated by international means that nation and international more and more attention to human rights.The system of suspected crime out of nothing as a derived principles presumption of innocence.It was a big role in balance of the value of law and maintain social stability.While in the judicial practice have a lot of in violation of the provisions of the program,for example torture to get evidence and the judge will impact by subjective or objective then lead to suspected crime.It also have a lot of factor impact the adopt of the system of suspected crime out of nothing.The imperfect of rule case is not clear and the influence of case decisions then not good for the implement of respect and safeguard human rights.This paper mainly list three typical cases,through analysis of the case and practical experience then using conceptual analysis,the method ofliterature research case analysis and the evidence included in this paper analyze the bottleneck of apply the system of suspected crime out of nothing.This paper mainly expound the following aspects:The first part lists three cases.Including introduction cases,conclude the focus of controversy :one,how to application the indirect evidence in judicial practice;two,how to define illegal evidence.;three,the system of suspected crime out of nothing should be how to use.The second part is based on the evidence of those cases and combine legal principle analyze the focus of controversy,then Summarize why those cases had different.The third part is analyze the problem of suspected crime out of nothing in application.mainly list following imperfect of evidence system;shortage of silence privilege;independent jurisdiction of judge;the pressure of public opinion.The fourth part is perfect suggestion about the system of suspected crime out of nothing.In legislation,make sure free evaluation of evidence;establish silence privilege;perfect evidence;perfect the courts misjudged-case-investigating mechanism.In judicial about the court adopt evidence and safeguard the judicial personnel rights.In supervisionmechanism mainly about different departments supervision and public opinion supervision.The last part is conclusion.It is expound the meaning of the system of suspected crime out of nothing...