Research On The Resolution Mechanism Of "Ghost Defense" In Criminal Procedure

In practice,some of the criminal suspect or defendant in the face of the prosecution of criminal charges,crime is not a simple denial,but will be responsibility to push to take off for the man who does not exist or are difficult to verify or matter,and does not provide clues and evidence,such as was charged with murder when allegations of men in black,is accused of inside job when the defense department is stolen by others,etc.,for our country's criminal proof responsibility in the prosecution,the fact that the defendant without the defense,and for the prosecution to prove the defendant's defence the existence of the facts and as difficult as looking for ghost,so called "ghost defense".In recent years,the defendant put forward "ghost defense" frequency is higher and higher,also made trouble for practice: if adopted by the court,may contribute to the defendant's speculative psychology,casual argued,other defendants may by imitating the successful experience in defense for sin,after case handle will be difficult;If the defense is not adopted,it is difficult to use the existing evidence to prove that the rules are to be solved and there is an error risk.Therefore,in the framework of criminal complaint law,it is a difficult problem to be solved in judicial practice in order to ensure the defense rights of the defendant and timely verify the case.In recent years,studies dealing with the "ghost defense" more and more,also for comfort plea "ghost" quite a lot of valuable opinions,but most of the space is not large,less systematic,form the connotation of the "ghost defense" thoroughly revealed,and in response to the mostly focused on giving the defendant the burden of proof,use the fact presumption,etc.,at the same time of problem solving,ignored the guarantee of lawful rights and interests of the defendant.The general idea of this article will be discussed from four aspects: one is by the author for the defendant Su Mou and made an in-depth analysis was carried out to the murder case,lead to plea "ghost",then "ghost contest" the concept,characteristics and practical form of in-depth revealed.The second is to analyze the practical dilemma caused by "ghost defense" and its causes.The third is to investigate the countermeasures of "ghost defense" outside the domain and draw on its effective experience to enlighten the thoughts on constructing the solution mechanism.The fourth is to combine the practice of judicial work in our country and propose the construction of a set of hierarchical and progressive solutions,which contribute to the problem of "ghost defense" in practice.