Empirical Researchof Evidenceoncasesof Non-prosecutionfor Doubt

Evidence is closely related to the making of the decision not to prosecute,which directly affects the correctness of the decision not to prosecute.In the criminal procedure rules of the people's procuratorates revised in 2019,specific provisions are made on the lack of evidence in cases of doubtful non-prosecution,but how to transform and apply it in practice is a problem worth studying and thinking about.By analyzing the written decision of non-prosecution,we can preliminarily sort out the evidence and proof logic requirements of non-prosecution cases in doubt.Combining with the empirical cases of doubtful cases,the core model of the case is abstracted,and the present situation of the evidence argumentation of doubtful cases can be seen.Combining with the theory of "proof mode",the identification logic of evidence can be derived repeatedly from two aspects: negative proof and positive proof.Through the application of the above empirical research methods,it can sort out the identification and presentation of evidence in the written decision of non-prosecution of doubtful cases,analyze the causes of the problems and try to put forward corresponding suggestions.The problems of evidence in doubtful cases mainly involve three aspects: first,it is difficult to identify evidence deficiency,including the uneven quantity and quality of evidence,the complexity of a case affecting the identification of evidence,and the lack of distinguishing evidence from other cases;Secondly,the proof process is simple,the conviction thinking affects the logical reasoning of the proof process,the reasoning of the non-prosecution decision is simple,and the contradiction of different proof thinking is difficult to reconcile.The third is the lack of integration and cohesion with the existing concepts,including the proportion of the application and the solidification of assessment standards,the exclusion of illegal evidence and the application of confession and punishment is not mature.On the one hand,the evidence itself is constantly changing,on the other hand,only on the basis of the examination of the evidence standard of prosecution,the lack of an accurate discussion of the doubt;In addition,the public prosecution proof consciousness and the standard are not clear,the evidence classification proof consciousness is insufficient,the verification proof and the rule of thumb has the negative effect,the inspection committee has the different understanding to the evidence;Finally,there is a contradiction between the system and the identification of evidence.There are still many possibilities for the absence of trial in some doubtful cases,the exclusion of illegal evidence affecting the identification of facts,and the admission of guilt in doubtful cases.Therefore,under the realistic background,the following paths can be referred to in the application of evidence in cases of doubtful non-prosecution: standardizing the review thinking of evidence in cases of doubtful non-prosecution,clarifying the quantity and quality of evidence,taking evidence in public prosecution from weak standards,and standardizing the logical sequence of review;In combination with the argumentation and proof of case facts,the standard of proof of case evidence should be clarified,the interpretation and reasoning of law should be strengthened to enhance the consciousness of proof,and the discretion of supervision should be standardized.The concept of evidence review should be clarified,and the evidence confirmation should reflect the centrality of trial,the elimination and correction of illegal evidence in doubtful cases,and the evidence review and wide transformation after admission of guilt and punishment.