文档介绍：IIABSTRACT The original intention of insufficient-evidence non-prosecution system which establishes is based on the innocent estimation principle gives suspect's human rights safeguard maximum limit, causes the innocent person to be exempt from the criminal activity to investigate, simultaneously this system's establishment may enable Procuratorial agency's legal supervision function to realize in the detection stage, for the suing case's quality check, can also play objectively diverges the case before the trial, raises the lawsuit efficiency, the frugal judicial resources role.。Although the evidence insufficiency does not sue the system function like this big, but practices the operational aspect not to be actually smooth, the procuratorial agency universal existence thought that the control evidence insufficiency does not sue the system to be suitable, does not reduce the prosecution rate situation, some basic unit procuratorate even continuously several years present zero evidence insufficiency prosecution rate phenomenon. This system's anticipated goal has not obtained very good realization in the judicial practice. Conducts the deep research to this system, discovered it in legislates and in the judicial movement has the problem: First, insufficient-evidence non-prosecution system is mainly the substantive important document which the evidence insufficiency does not sue lacks the feasibility in the legislative flaw, hinders this system middle the judicial practice utilization; The evidence insufficiency does not sue the restriction mechanism also has the malpractice, testifies insufficient according to does not sue processing the case to examine and approve the procedure to plex, lacks the transparency; The appeal transfers the private prosecution system to be unable to protect the victim rights and interests truly, lacks the effectiveness. These legislate the flaw affected the evidence insufficiency not to sue the system objectively the smooth movement and th