Research On Acquittal Verdicts In Criminal Public Prosecution Cases

Acquittal is the inevitable result of protecting human rights,preventing judicial errors and limiting the abuse of public power.The percentage of acquittal not only reflects the application of the core link of a country's(regions') processing mechanism of cases in innocence,but also an important criterion for the quality of a country's(regions') criminal trials.There are many factors involved in acquittal.Compared with cases of private prosecution,acquittals in cases of public prosecution in China have gone through a complete criminal procedure of recording,investigation,prosecution,and trial,which can better reflect the attitude towards the suspects and defendants in the operation of cases in innocence.Unfortunately,the percentage of acquittal in China is extremely low,especially in public prosecution cases,the application of acquittal is much more difficult.However,in the process of application of acquittal,an law application conflict is also a serious problems need to be solved.We should take a rational and accurate attitude to solve problems and improve the practice of acquittals in cases of public prosecution,or return to the current situation of the application of acquittal if there is no problem.Focusing on the current situation of acquittals in cases of public prosecution and its related issues in China,this article can be divided into five parts to elaborate and research:The first part is about some related theory of acquittals in cases of public prosecution.The first half has introduced the definition of acquittal and other related concepts.There are two types of application in acquittal: a definite acquittal and a insufficient acquittal,and it has the functions of correcting judicial errors,protecting rights of defendants,and safeguarding social order.The latter part focuses on the study of acquittal in comparative law,introducing the provisions of acquittal in main countries of the common law system and the civil law system as well as in Taiwan of China,including the enlightenment to the practice of acquittal in China's mainland.The second part is a review of the practical application of acquittals in China.It includes three aspects: the first is an exploration about the change and development of Principle of Innocence Presumption in China from the perspective of ideology;the second is to introduce the alienation of Suspected Crime from no Doubt in practice since established from the perspective of legal system;the third is to elaborate the legal significance of the acquittal by people's court from the perspective of subject.The third part is an empirical study on acquittals in cases of public prosecution in China.The first section of this chapter introduces the situation that the percentage of acquittal is extremely low as a whole and “zero” as a part in China.The second section introduces the characteristics of acquittals in application types,distribution of crimes,and level of instance trial.The third section introduces the special phenomenon that occurs when the judiciary authorities in dealing with cases of public prosecution,in order to further elaborate the current situation of difficulties of acquittals in cases of public prosecution in China.The fourth section simply summarizes the practical characteristics of acquittals in China.The fourth part is an analysis of reasons for the difficulty in applying acquittals in cases of public prosecution in China.It mainly includes five reasons: lacking of consciousness of the Principle of Innocence Presumption,excessive application of criminal policy,application of alienation of criminal withdrawing,incomplete reform of judicial system,unreasonable mechanisms of performance appraisal and accountability.It is expected to change the behavior expectation by improving existing concepts,policies,systems and regulations;etc.The fifth part is to discuss how to treat and improve the practice of acquittal in China.The first section advocates to have a rational view of the low percentage of acquittal.The second section suggests to solve the abnormal phenomena in the practice of acquittal in China of the third part,it means that we should solve them in groups by establishing the Principle of Innocence Presumption and the Principle of Due Process,optimizing the relationship between the three public security organs,and optimizing mechanisms of performance appraisal and accountability,and finally advocates a more fair and just current practice of acquittals in cases of public prosecution in China.