Study On Mechanism Of Non-Prosecution With Doubts

In 1996, China amended Criminal Procedure Law and ever since then The principle of’ Assuming disputed crimes innocence’have owned a critical position in the judicial practice specially in improving judicial efficiency and reducing the suspects’ burden of lawsuit after it’s establishment. The principle of’Assuming disputed crimes innocence’has been playing an important role in judicial practices with a higher and higher percentage among all non-prosecution cases. Evidence is the core of this rule. Yet there is great discrepancy in different cases and people show different views on evidence due to diverse educational background and competence when reviewing a case. This caused many dispute in the practical effect since there could be a doubt about selecting the right case and suit the principle depending on the level of the evidence. So the difficulty and key point of dealing with’Assuming disputed crimes innocence’cases, is to precisely understanding and identifying the evidence so as to apply them to related law.To show the real situation about the applying of The principle of’Assuming disputed crimes innocence’with doubts in judicial practice, Practice research is quite necessary and essential. Regarding of this, Author chose a grass-roots Procuratorate and did specific data collection and interviews to show the clear picture of the rule, the existing issues and reasons behind them in a deep level. Through a number of research and analysis of these’Assuming disputed crimes innocence’cases and interviews among front-line procurators, From the angle of constitutive elements of the crime of non prosecution with doubts cases are classified, in order to prove that the object as the starting point, combined with a typical case, for different types of "doubt" cases for analysis, according to the evidence and fact finding problems hold different types of cases are studied deeply, summed up the following problems exist in the judicial practice for the cases of non prosecution with doubts time:the proof standard of public prosecution and conviction standards consistent; provisions supplementary investigation system is not reasonable lead to the application of the effect is not ideal; public prosecution to private prosecution system exists in name only. Aiming at these problems, the author put forward the corresponding reform and improvement measures: establishing reasonable proof standard of public prosecution, the proof standard of public prosecution is lower than the standard of conviction; perfect the legal provisions supplementary investigation, cancel not v. index assessment, enhance the effect of the supplemental investigation; the abolition of public prosecution to private prosecution system, the construction of the stage of review and prosecution ’debate the plea bargaining system’. Through the improvement and system construction of the above law, in fact finding and applying procedure more reasonable and make the non prosecution with doubts cases, to safeguard the legitimate rights of related rights play a positive role.