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无罪判决系人民法院生杀予夺之重器,关乎当事人权益保障、犯罪分子惩治与社会和谐稳定,有其存在的合理性和法律性。无罪判决率低虽在一定程度上反映出司法人员定罪量刑逐渐趋同,办案素质与能力不断提高,但其持续走低乃至趋零逾越了合理区间。究其原因主要有:一方面入罪过于容易,司法人员重刑主义理念较强,有罪推定容易导致先入为主,且法院在公诉案件的受理与撤诉申请上几乎未设门槛,公诉机关来去自由;另一方面出罪过于艰难,无罪判决所引发的绩效考评、责任追究等次生问题不容低估,出罪往往受到社会综治维稳形势、社会公众舆论的压力,以及法官缺乏依法宣告无罪的勇气等案外因素,压缩了无罪判决的适用空间。无罪推定若要固守惩罚犯罪与保障人权的双重目的,需从制度构建层面找准切入点与突破口。
The verdict of innocence is the weight of life and death taken by the people’s court, the protection of the rights and interests of the parties involved, the punishment of criminals and the social harmony and stability, and its existence is reasonable and legal. Although the rate of verdict of innocence reflects to some extent that the criminal convictions and sentencing gradually converge and the qualities and abilities of handling cases continue to increase, its rate of persistency continues to decline and even goes beyond zero to a reasonable range. The main reasons are as follows: on the one hand, it is too easy to get involved in crime; on the other hand, the concept of serious punishment of justice personnel is very strong and presumption of guilt can easily lead to preconceptions. And the court has almost no threshold on the application of public prosecution cases, On the other hand, it is too difficult to convict a crime. The secondary issues such as performance appraisal and accountability caused by innocent judgments should not be underestimated. Convictions are often subject to the situation of social stability, the pressure of public opinion, and the lack of judicial acquittal Courage and other extra-ordinary factors have reduced the applicable space for the verdict of innocence. Presumption of innocence In order to stick to the dual purposes of punishing crime and safeguarding human rights, it is necessary to find an entry point and a breakthrough point from the institutional construction level.