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Yao Xiansen:Special remedies for acquittal judgments due to insufficient evidence

时间:2021年09月15日       作者:        来源:

Based on factual foundations and forms of expression, acquittal judgments with insufficient evidence can be divided into three types: complete, formal, and substantive. The lack of norms is the primary obstacle to the special relief of innocent judgments due to insufficient evidence in the complete sense. Based on the theory of res judicata in the combination of entity and procedure, the application of situations that may affect conviction and sentencing should be refined, and procedural norms should be improved. The displacement of relief is the fundamental flaw of special relief for innocent judgments due to insufficient formal evidence. It should be based on the theory of innocent error and restorative justice principles, adhere to limited relief, and appropriately introduce the system of innocent error. Inadequate relief is a prominent issue in the special relief of acquittal judgments due to insufficient substantive evidence. It should be based on the theory of seeking truth from facts and the principle of presumption of innocence, adhere to comprehensive relief, and establish a sound mechanism for recognizing and safeguarding the fairness of individual cases.