The Barrier Of Judicial Application Of The Crime Of No Doubt And Its Solution

Under the background of the legislation of our country,the question of how to apply it in judicial practice is still closely related to judicial justice,judicial authority and litigation rights protection.The criminal law and the criminal procedure law in a number of articles directly or indirectly reflect the principle of the crime from the principle,the two ministries have also issued a number of judicial interpretations and relevant regulations to refine and implement.In the academic circles,it is still working on the necessary to discuss the necessity of the connotation extension and the embodiment of the social hot cases from the point of view of the existence of the suspected crime.However,the discussion of the application of the principle of separation of the suspected crime from the principle and the judicial practice has little help to the judicial situation which needs to be changed.At the same time,there are still many factors hinder the idea or practice the principle of real suspected crime from effective application,such as the law for deformation aliasing,the old concepts and judicial organs of the relationship between ingrained perplexing.These obstacles need to be targeted to deal with and solve.Based on this,this article from the restructure of the suspect as a starting point,summed up the two factors from the perspective of the application of the principle of the judicial application of the principle of no doubt,and finally put forward the corresponding countermeasures and suggestions.The first part:Based on the suspected crime problem,put forward the connotation and denotation of guiding significance to the judicial practice,and discusses the suspected crime from unprincipled in reality problems;in the second part,separately summarized the public's simple justice view,the traditional criminal value idea,the judicial achievements view and the social control idea and so on four aspects influence factors multi angle,deep analysis of the existing concept of crime from the suspect guilty and contrary to the principles of the third part:on the level of judicial practice obstacles,the paper analyzes the hindering factors and their causes in the aspects of the provisions of the criminal law,the standard of proof,the determination of judicial experience and the relationship between judicial cooperation and so on;the fourth part:according to the analysis of the two parts that correspond with the three aspects of the improvement suggestions and countermeasures.