Research On Judicial Application Of Suspected Crime

Modern rule of law countries generally use the principle of presumption of innocence to handle suspected cases.The principle of presumption of innocence is not yet clear in China’s Criminal Procedure Law,but the unique suspected crime has absorbed the reasonable factors of the presumption of innocence from the principle of innocence.The principle of suspicion never plays an important role in protecting the rights of the person prosecuted,promoting judicial justice,and maintaining judicial justice.However,due to the influence of various factors in practice,the implementation of the principle of suspicion of suspicion is still insufficient."Suspicious crimes have never been difficult" has become a major problem that has long plagued the legislative and judicial departments.During the investigation stage,due to the fact that some judicial staff members did not have a firm guilty conviction and never thought,there were problems of irregular evidence collection and inaccurate identification results.During the examination and prosecution stage,the prosecution organ violated the provisions of the Criminal Procedure Law inadequate evidence and did not prosecute,and prosecuted cases that did not meet the requirements of "the facts of the case are clear and the evidence is indeed sufficient".At the trial stage,there were problems of abuse of the repatriation retrial system,and the absence of the principle of ignorance of a matter in the legislation,which caused the case to be re-opened for investigation after the case was substandard.This article analyzes the status quo and dilemma of suspected crime from no principle.It is divided into three parts.The first part is an overview of suspected crime from no principle.It mainly introduces the concept of suspicion of guilt,historical evolution,the relationship with the presumption of innocence,and the value of studying the principle of suspicion of guilt.The second part is the analysis of the applicable dilemma and the cause of the suspicion.Combined with the Nianbin case,it focuses on the analysis of the existence of suspected crimes in judicial practice.The third part is to effectively implement countermeasures and measures for suspected crime.Forthe related problems raised in the second part,corresponding solutions are given.