An Empirical Study On Insufficient Evidence And Non Prosecution

The procuratorial organs exercise the right of public prosecution according to law,and take a positive and cautious attitude towards whether to initiate public prosecution and how to initiate public prosecution.Especially in the case of insufficient evidence for conviction,we should adhere to the basic value of protecting human rights.When examining and prosecuting transferred cases,the procuratorial organ may decide not to prosecute if the circumstances of the crime are minor and no criminal responsibility is required,thus ending the proceedings.As a type of non-prosecution,non-prosecution with insufficient evidence was originally created to provide maximum human rights protection for criminal suspects based on the principle of presumption of innocence,which is a full manifestation of the spirit of suspected crime in the stage of review and prosecution.In addition,the lack of evidence and non-prosecution can free the suspect from the fetters of the proceedings as soon as possible,so that the innocent person can be exempted from criminal prosecution,so as to protect their legitimate rights and interests,and thus play a role in improving the efficiency of litigation and saving judicial resources.In judicial practice,there are excessive restrictions on insufficient evidence and non-prosecution.With the increasing number of non-prosecution due to insufficient evidence,the judicial concept of prosecutors' discretion and human rights protection has been further strengthened.However,due to the factors such as procuratorial personnel's theoretical foundation,practical experience and legal fact recognition,the system of non-prosecution with insufficient evidence appears new features,which makes its application questionable.Based on the practice of non-prosecution of insufficient evidence in G City of Sichuan Province,this paper analyses the predicament and causes of the operation of non-prosecution of insufficient evidence,finds the hidden factors behind many characteristics of non-prosecution of insufficient evidence in G City,actively and effectively improves the application of this system,and puts forward countermeasures and suggestions in combination with practical needs,with a view to perfecting the evidence in legislation and mechanism.According to insufficient non-prosecution system,it conforms to the modern concept of judicial proceedings,makes the application of insufficient evidence non-prosecution more scientific and reasonable,is more conducive to the protection of human rights,and conforms to the international and domestic criminal justice laws and trends.