The Research On Reasonable Judgement Of Suspected Cases Such As Li’s Intentional Homicide

In 1996,the amendment of the Criminal Procedure Law made "innocence until proven guilty" become the formal legal basis for handling suspected cases.However,in recent years,the court’s adjudication of suspected cases has appeared alienated forms such as guilty until proven innocent,suspected crime lenient sentence,suspected crime shelved.Li Huailiang’s intentional homicide,Chen Chuanjun’s robbery,and Nian Bin’s dangerous substance drop case all have such judgment results.Since the defendant’s guilty confession was overturned and had contradictions with other evidences,and the evidences fail to meet the standard of conviction,cannot get the sole conclusion of allegation of facts,the court of first instance should make acquittals.However,due to the pressure of the victims and their families,the influence of public opinion,and the presumption of guilt,the court of first instance made a guilty verdict or lenient sentence.In the case of the defendant,human rights have been violated;for the state,referee credibility has been questioned.The case was appealed to the court of second instance,the court ruled remanding for retrial,even made this ruling repeatedly.Such a ruling is affected by the ambiguity of the legal provisions for the retrial of the substantive cause,and it is also a forced choice for the court of second instance to avoid the risk of amending judgment.However,the referee is contrary to the principle of innocence until proven guilty and the litigation benefit principle,weakening the error correction function of the second instance procedure,so it is unreasonable.Suspected case has been acquitted after numerous obstacles,but after the acquittal was made or even became effective,The procuratorial authority can re-prosecution on the basis of new facts and new evidence.Although the power to prosecute is recognized by law,it is unreasonable to abuse this power,because the rights of defendant would be violated again and threatening the stability of judgment and judicial authority.We can regulate prosecution by clearing identification criteria of new evidence and limiting the number of re-prosecution.