On The Judicial Application Of Doubts From Unprinciples

The innocent of doubtful crime from the criminal procedural law is one of the more important,and is incorporated into an important law system to "Criminal Procedure Law" of People’s Republic of China.From the historical development of the rule of law of our country,has experienced a gradual shift from "suspected crime from there" to"guilty",this is undoubtedly a great progress in modern criminal procedure legal system and the rule of law society.Although the whole process of the conflict with the"Criminal Procedure Law" of the implementation and widely throughout the judicial process,but there are still many problems in judicial process,such as handling individual organs and the judicial staff lack of awareness of the rule of law,can not correctly understand and apply the suspected crime from this important principle,especially in case the evaluation index,under the influence of factors such as homicide cases must be broken,clearance rate and so on,is not strictly applicable from unprincipled suspected crime.Even some investigators for personal gain,not only do not violate openly,never suspected crime,but produce such as "Case of Hugejiletu" and"Case of Zhang Hui&Zhang Gaoping" have the significant social impact of miscarriages of justice.This is not only a serious damage to the image of justice of the judiciary,but also caused by other parties wronged irreparable consequences.How to understand and apply the principle of never suspected crime in the current criminal litigation right in legal procedure,starting from the existing in the field of criminal justice in our country in the process of application of existing criminal legislation,explore its causes and solutions,so that the principle of suspected crime from better applied in the field of criminal justice in China.To promote the social construction of the rule of law in China,and it is the beginning and the end.