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存疑不起诉是我国《刑事诉讼法》规定的不起诉类型之一,体现了该法所确立的“无罪推定”原则。虽然存疑无罪对犯罪嫌疑人来说相对公正,但对查明案件真相而言,法律上则缺乏一种刚性规定,致使受害方权利的保护,国家和集体利益的维护处于一种相对尴尬的境地,导致侦查机关对进一步查清案情缺乏主动性,这显然不符合法律公平正义的要求。
Doubting the non-prosecution is one of the types of non-prosecution stipulated in the Criminal Procedure Law of our country, which reflects the principle of “presumption of innocence” established by the law. Although it is relatively fair to the criminal suspects for doubting innocence, there is a lack of a rigid law in terms of ascertaining the truth of the case, so that the protection of the injured party’s rights and the safeguard of the state and collective interests are in a relatively awkward position In the meantime, it has led to the lack of initiative on the part of the investigating authorities in further clarifying the case, which clearly does not meet the requirements of legal fairness and justice.