对我国刑事无罪判决率的思考

Thinking of Criminal Acquittal Judgment Rate of Our Country

无罪判决是在任何刑事司法程序中都必然存在的。我国法院每年做出的无罪判决人数一直趋低。究其原因是我国传统"有罪推定"观念及重刑主义的影响,且在实践中往往以撤回公诉代替无罪判决。因此,要提高刑事无罪判决率,司法机关要改变旧观念,应当在对案件事实充分审理的基础上,依法作出有效判决,检察机关应当公正评估案件质量,减少不诉、撤回起诉。同时,强化各级人民代表大会常务委员会监督职能,促使检察机关、审判机关依法履行职能,不刻意规避高无罪判决率的出现,切实维护当事人的合法权益。

In China, the number of acquittal judgment made by people＇ s court every year has been low. The reason is the traditional Chinese concept of ＂presumption of guilt＂ and heavy penalty socialism, in practice the acquittal judgment is often replaced by withdrawal of public prosecution. Therefore, the judicial organs should change old ideas, on the basis of the trial the enrich fact, in accordance with the law, make effective decision. The procuratorial organs shall make impartial evaluation on case quality, reduce withdraw the prosecution. At the same time, the standing committees of the people＇ s congresses at all levels should strengthen supervision function, make the procuratorial organs, judicial organs perform their functions, do not deliberately avoid the occurrence of high acquittal rate, so as to safeguard the lawful rights and interests of the parties.