| In recent years, the miscarriages of justice has occurred, from the Zhao Zuohai case, the She Xianglin case, the Nie Shubin case to Nian Bin case which was found not guilty after four times of "death" in 2014 are all impact on people’s vision. Because of the incomplete of no punishment in doubtful cases, leading to these wrongs from the investigation stage to the final trial step by step, affect the judicial impartiality and violated human rights of the defendant. The principle embodies the guarantee of human rights, this important principle has also been recognized and protected in international. The realization of no punishment in doubtful cases can avoid misjudged cases in judicial practice, which can meet the need of the protection of human rights, comply with the basic requirements of the situation theory. The principle meets obstacles in the process of practice in our country, so that the suspected crime in the judicial practice difficult from no phenomenon exists for a long time. Based on Nianbin case as an example, the paper use the method of case analysis, combined with my knowledge and experience in the legal practice, by means of empirical analysis, value analysis, comparative analysis and other research methods, make an in-depth analysis for no punishment in doubtful cases is difficult to perform, analysis of the plight of no punishment in doubtful cases, analyzing its causes, put forward break way. This article mainly discussed from the following four parts.First, the paper introduced the case of Nianbin, introduced the case from the first mistake in 2008 to the final trial in 2014 in detail.Secondly, analyze the dilemma of execution of the principle start from Nianbin case. Through the analysis of the case, to find the problems exist in every stage of the investigation from the trial, mainly performance is extremely rely on oral evidence in investigation, the directly acceptation of transfer of evidence, the widely usage of the retrial system in trial.Thirdly, analyze the cause of dilemma. The cause is:first, the existence of old judicial and social ideas, mainly performance is investigators have an idea of suspected crime from the concept and social public have an idea of presumption of guilt; secondly, the difficult implement of exclusionary rule, mainly performance is the difficult of definition of illegal evidence and quote, the difficult of exclusion of illegal evidence and the poorly implemented about the system of whole video recording; thirdly, undistributed retrial system, mainly performance is the retrial system conflicts with no punishment in doubtful cases and retrial system is undistributed; forth, restriction system of enforcement departments is actually empty; fifth, the administrativization of management mode of judicial organ, mainly performance is the bureaucratic management of judge, the separation of investigate and judge and digital system of examination and assessment for judges; sixth, the negative impact of the news public opinion to the judicial judgment.Finally, make suggestions for no punishment in doubtful cases. According the analysis, the suggestions are perfecting the evidence system and judgment system, strengthening the construction of the system of judicial independence, updating the idea of judiciary and public, preventing public opinion intervention trial... |
