Study On The Application Of Non-prosecution In Doubt

Non-prosecution for Doubt is a basic principle based on which the procuratorial agencies take no punishment for doubtful case of crime in criminal justice practice.It plays an important role in the framework system of criminal procedure law.With the further correction in the criminal procedure law,Non-prosecution for Doubt has experienced a course from nonexistence to pass into existence,from the incomplete condition to perfect.It has proved that Non-prosecution for Doubt has played more and more important part in some aspects such as advocating the modestly restraining spirit of criminal law,implement of judicial adjudication,reinforcing the protection of human-right and so on.The application of Non-prosecution for Doubt is beneficial to realize the penal justice and avoid miscarriages of justice.It helps to improve lawsuit efficiency in practice and save the judicial resources.Moreover,it accords with the idea of criminal law on protection of human rights and protect the suspect's right.However,the current system of the Non-prosecution for Doubt is incomplete and can only apply with limit proportion for some reasons.Therefore,the fundamental research and the practical exploration in Non-prosecution for Doubt make sense.This article is intended to analyze the problems existing in application of Non-prosecution for Doubt in justice practice and promote the orderly operation of the system thus improving the credibility of the procuratorial agencies.First of all,this article introduces the definition and features of Non-prosecution for Doubt and the main problems existing in application.Then the article does deep analysis on the problems based on the practice of grassroots prosecurorates and proposes some effective solutions from the perspective of conceptual change?the perfection of legislation and the judicial innovation.In general,the procuratorial agencies are expected to implement the requirements of reform of the criminal procedure and the judicial accountability system and act in accordance with legal principles such as the principle of legality?no punishment for doubtful case?exclusion of illegal evidence and so on.They should exercise the principle of Non-prosecution for Doubt rightly by the way of intensifying the pretrial procedure and strengthening internal and external supervision.In this way,they can attach equal importance to punishing crimes and protecting rights so that the people can sense the fairness and justice in every judicial case.