How should the basic principles of criminal procedure law be applied in judicial practice?

In criminal proceedings, under the guidance of the concept of restorative justice, the protection of victims' rights and interests must be placed in an important position in order to effectively restore the destroyed social relations. However, while advocating the restoration of social relations, we should pay attention to the embodiment of the principle of public order and good customs in criminal cases, so as to safeguard the interests of the public, carry forward good customs and social ethics, and ensure the healthy development of the social organism.

China has long adopted the principle of public order and good customs to deal with civil disputes. 1986 General Principles of Civil Law wrote the words "social public interests and social morality" into the law. 20 17 General Principles of Civil Law clearly defined the principle of public order and good customs for the first time. Article 8 stipulates that "civil subjects engaged in civil activities shall not violate the law or public order and good customs." Article 10 stipulates that "civil disputes shall be handled according to law; If there are no provisions in the law, customs can be applied, but they must not violate public order and good customs. "

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China's criminal procedure law embodies the spirit of this principle in the following aspects: canceling the conviction right that the people's procuratorate has had for a long time in the name of exemption from prosecution, so that the conviction right is exclusively exercised by the court; A person who is subject to criminal prosecution is always called a "criminal suspect" at the stage of investigation, examination and prosecution, but it is renamed as a "defendant" after prosecution by the procuratorate.

The procuratorial organ has the right to make a decision not to prosecute a case that it considers that the evidence is insufficient and does not meet the conditions for prosecution; If, after hearing the case, the collegial panel considers that the facts of the case are unclear and the evidence is insufficient, and the defendant cannot be found guilty, it shall make an acquittal on the grounds that the evidence is insufficient and the alleged crime cannot be established.

Baidu Encyclopedia-Basic Principles of Criminal Procedure Law