If it is a civil case, the court will reject the plaintiff's claim.
The principle of presumption of innocence in criminal proceedings is the legal basis for acquittal due to insufficient evidence. According to the second paragraph of Article 14 of the United Nations International Covenant on Civil and Political Rights, the presumption of innocence means: "Anyone accused of a criminal offence shall be considered innocent until proven guilty according to law." The stipulation of article 120 of China's criminal procedure law is the embodiment of the principle of presumption of innocence in the absence of methods for suspected crimes. Directly related to the presumption of innocence is the burden of proof. According to the litigation principle of "who claims, who gives evidence", the defendant does not bear the responsibility of proving his guilt or innocence, and the burden of proof is strictly borne by the plaintiff. If the evidence is insufficient and the facts are unclear, which makes the defendant guilty in an unconfirmed suspense state, the court shall make a verdict of innocence in favor of the defendant. Accordingly, the applicable standard of insufficient evidence involves the standard of case proof in criminal proceedings. Item (1) of Article 162 of China's Criminal Procedure Law stipulates: "If the facts of the case are clear, the evidence is true and sufficient, and the defendant is found guilty according to law, a guilty verdict shall be made".
legal ground
Criminal Procedure Law of the People's Republic of China
Article 120 When interrogating a criminal suspect, investigators should first ask whether the criminal suspect has committed a crime and let him state his guilt or innocence before asking him questions. A criminal suspect shall truthfully answer the questions of investigators. However, we have the right to refuse to answer questions irrelevant to this case.
When interrogating a criminal suspect, investigators should inform the criminal suspect of his litigation rights and truthfully confess the legal provisions that his crime can be dealt with leniently and pleaded guilty and given a lighter punishment.