In civil cases, it means that the evidence submitted by the plaintiff is not enough to form a complete chain of evidence, and the legal basis corresponding to the claim is not enough to identify and judge the claim.
In criminal cases, it refers to the lack of evidence and the suspicion of charges when the procuratorate files a public prosecution. Based on the principle that the interests of doubt belong to the defendant, it cannot be considered as a crime.
Insufficient evidence means that the main factual materials used to identify the case in the course of litigation are not enough as the basis for identifying the case. The issue of evidence has always been a key issue in litigation. Only by correctly identifying the case can we correctly apply the law and handle the case correctly. Therefore, the study of evidence system has formed a discipline called evidence science or evidence law.
Extended data:
Applicable standards
First, one or some of the evidences on which the verdict is based are untrue and unreliable. That is, it does not have objectivity, relevance and legitimacy, and has not yet reached a reliable standard. This is the basis to ensure the quality of the case, which can also be called the basic standard.
Because this will lead to serious consequences. In practical work, whether each piece of evidence is objective, relevant and legal, as the basic standard to test the quality of a case, has its profound truth.
Second, there is no necessary evidence to prove that the facts of the case are one or more elements stipulated by law. For example, the evidence of the constitutive requirements of the subject of crime is insufficient. "Legislators generally define the existence of criminal responsibility ability from two aspects: age and pathology", that is, "age and criminal responsibility ability become two legal requirements for the establishment of the criminal subject", even if the legal person commits a crime. "
Third, the crime committed as the subject of crime is an organic whole crime of legal person, but legal person is composed of natural persons. When a natural person takes criminal responsibility as a member of a legal person, of course, he must also have two legal requirements: the age of responsibility and the ability of responsibility. "
It is not difficult to see that the evidence about the constitutive requirements of the criminal subject is insufficient, mainly to prove the age and criminal responsibility of the perpetrator, and to lack the necessary evidence. To be more specific, I did not issue an identity card, nor did I verify the birth certificate of the perpetrator, proving that he had reached the age of legal responsibility when he committed the crime.
There is no scientific forensic psychiatric appraisal or other evidence to prove whether the perpetrator has schizophrenia, insanity, dementia, pathological drunkenness and so on. , can be regarded as insufficient evidence. Another example is the proof of the objective elements of crime. As an objective aspect of crime, it should include the way, object and result of behavior, as well as the time and space conditions on which behavior depends.
According to the traditional criminal law theory, as an objective element, it is the time, place, method (means), process and result in the facts of the case. All these links must be proved by corresponding evidence, and the lack of necessary evidence in any link can be regarded as insufficient evidence.
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