文档介绍：目录
引言·········································································································· 1
一、“证据不足”的判断标准········································································ 2
(一)刑事诉讼法对证据不足的相关规定······················································ 2
(二)学理上对证据不足的理解··································································· 3
二、“证据不足”裁判方式的现实考察···························································· 5
(一)法定裁判方式·················································································· 5
(二)不符合法律规定的裁判方式······························································· 6
三、违背法定裁判方式的危害分析································································· 11
(一)造成被告人合法权益被侵害······························································ 11
(二)损害司法公信力·············································································· 12
(三)不利于我国刑事诉讼法的发展与建设·················································· 13
四、对现状的原因分析················································································ 13
(一)证明标准过高················································································· 14
(二)法官所面临的来自外部的压力··························································· 14
(三)公检法三机关在刑事诉诉中的地位不等··············································· 17
(四)审判人员本身存在有罪推定的观点····················································· 18
五、对避免违法裁判的相关建议···································································· 19
(一)完善刑事诉讼法对证明标准的相关规定··············································· 20
(二)适当减轻法官的外部压力·································································· 20
(三)适当协调公检法三机关之间的关系····················································· 21
(四)加强疑罪从无,无罪推定法治意识的宣传············································ 23
结语········································································································· 25
参考文献·································································································· 26
致谢·············