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证据不足不起诉也被称为存疑不起诉,是1996年我国在刑事诉讼法改革的过程中新加的一个不起诉类型。这一制度贯彻了“疑罪从无”的现代刑事诉讼原则,体现了法治主义精神和人道主义理念,在原则上既符合诉讼的民主性,又符合诉讼的经济性与效率性。经过了1996年和2012年的两次《刑事诉讼法》修订后,该制度已经取得了长足的进步,但其依然存在着一些明显的缺陷,这些都是亟待改革和完善的。
Evidence-based non-prosecution, also known as Doubtful Non-Prosecution, was a new type of non-prosecution in our country during the course of the reform of the Criminal Procedure Law in 1996. This system implements the principle of modern criminal procedure of “no crime ”, embodies the spirit of legalism and humanitarian concept, which is consistent with the democracy of litigation in principle and the economy and efficiency of lawsuit. After two amendments to the Criminal Procedure Law of 1996 and 2012, the system has made great strides, but there are still some obvious shortcomings which are still to be reformed and improved urgently.