珠海市检察机关存疑不起诉案件分析

Analysis of the Cases Non-prosecution for Doubt by the Procuratorial Organ of Zhuhai City

存疑不起诉作为检察机关践行疑罪从无原则的一项制度在实践中发挥着越来越重要的作用,有效提高了诉讼效率和保障人权。但由于法律规定的原则性,人们对存疑不起诉"证据不足"存在不同认识,在实际运用中存有较大争议。本文通过对珠海市检察机关近年来存疑不起诉案件的调查与分析,总结了存疑不起诉案件证据不足的情形和证据收集认定中存在的问题,提出了解决问题的思路和建议。

The non-prosecution for doubt has played more and more important role in procuratorial practice as one of the systems carrying out the principle of no punishment in doubtful cases, which effectively increased the procedural efficiency and advanced the human rights protection. However, the standard of insufficiency of evidence is unclear and under dispute in its application because of the summary legal provisions. Several problems concerning the situation of insufficiency of evidence and evidence collection and evaluation are discovered from analyzing the non-prosecution for doubt cases by the procuratorial organs of Zhuhai, based on which methods and proposals are offered for ameliorating the non-prosecution for doubt.