Study On The Empirical Problem Of "Insufficient Evidence" Acquittal

Article 20,paragraph 3,of the Newly Amended Criminal Procedure Law of the People’s Republic of China in 2018 clearly stipulates the acquittal of insufficient evidence,which provides a legal basis for the acquittal of the case of insufficient evidence in judicial decisions.Due to the lag and retrospective nature of the trial activities,the judge cannot fully and truthfully restore the facts when he is trying to judge cases with insufficient evidence.It is especially necessary to make a sinless declaration at this time,not only to protect the defendant’s legitimate rights and interests,but also to protect the defendant’s legitimate rights and interests.It is to strengthen the credibility of the judiciary and establish judicial authority.It can be said that innocent referees made due to insufficient evidence are extremely important and indispensable in the judicial field.However,judging from the current judicial practice in China,the proportion of innocent evidence is insufficient.Due to various factors,the judge did not follow the normal procedure to make a acquittal in the trial of insufficient evidence,but to evade the acquittal by other means.It is reasonable to make a sinless judgment but it has not been made.This is undoubtedly a soil for the breeding of false and wrong cases.With the emergence of some major defamation cases,China’s lack of judgment mechanisms and legal systems for cases with insufficient evidence has also been highlighted.It can be seen from this that we urgently need to carry out in-depth excavation and comprehensive consideration of the theoretical practice of insufficient evidence and acquittal,analyze the causes of its difficulty,and break it one by one,so as to effectively reduce the probability of occurrence of false and wrongful cases.Improve the credibility of the judiciary and open up a smooth path for the deepening reform of the judicial system.This thesis is divided into four parts.The first part analyzes the basic theory from the connotation definition,effectiveness analysis and legal basis and realistic basis theory of the lack of evidence and guilty judgment.The second part is from macro and micro.From the perspective of empirical analysis of the status quo of China’s "insufficient evidence" acquittal judgment rate,and briefly explain the possible negative impact of the acquittal judgment;the third part,through the above empirical analysis,in-depth exploration of the impact The cause of the incompetent judgment of "insufficient evidence" in China is difficult to make;the last part of the article is aimed at the reasons for the difficulty of making "insufficiency of evidence" acquittal,and provides a crack path from four aspects: legislative system,judicial system,litigation concept and external intervention.It is hoped that it will provide some feasible methods and ideas for solving the problems that are difficult to make in China’s "insufficient evidence" acquittal.