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疑罪不诉的核心价值是对无罪推定原则的直接践行,是对我国司法实践中疑罪从轻传统思想的否定与制约,同时疑罪不诉有利于保障犯罪嫌疑人权利,节约司法资源。疑罪不诉在法理上产生的争议都与疑罪不诉的理论价值密切相关。司法实践中,证据不足标准难以理解把握,侦查机关补充侦查缺乏实际效果,疑罪不诉所产生的巨大社会反应等是疑罪不诉的现实困境。解决疑罪不诉理论缺陷与现实困境,应取消单独条款的疑罪不诉规定,作为法定不起诉的情形之一;加强证据不足特点与原因研究,明确证据不足的判断标准;明确规定疑罪不诉不应承担国家赔偿责任;通过司法审查疑罪不诉决定,保障被害人权利。
The core value of the crime of indictment is the direct practice of the principle of presumption of innocence, which is the negation and restriction of the traditional concept of suspected crime of negligence in our country’s judicial practice. At the same time, the crime of not prosecuting the crime is conducive to safeguarding the rights of criminal suspects and saving the judiciary Resources. Disputes arising from the non-prosecution of suspected crimes on jurisprudence are closely related to the theoretical value of criminal prosecutions. In judicial practice, it is difficult to understand and grasp the standard of insufficient evidence, the lack of practical effect of investigating authorities’ supplementary investigation, and the huge social reaction caused by the non-prosecution of suspected crimes are the real predicament of not prosecuting crimes. To solve the theory of the crime of not appealing to doubt the crime and the real predicament, the provisions of the law of indictment should be canceled as one of the legal non-prosecution cases; to strengthen the research on the characteristics and causes of the evidence of insufficient evidence; to determine the standard of judgment of insufficient evidence; Do not complain should not bear the responsibility of national compensation; judicial review of the crime of doubt does not appeal to protect the rights of victims.