刑事诉讼法规定了证据不足不起诉（第一百四十条第四款），证据不足判无罪（第一百六十二条第三项）。但在司法实践中又出现了证据不足不立案，证据不足不逮捕等，究竟应如何理解刑事诉讼中证据不足的条件和标准？试论如下：一、证据不足的涵义与证明标准确定证据不足是与证明 The Code of Criminal Procedure stipulates that there is insufficient evidence to prosecute (art. 140, para. 4), and that there is insufficient evidence to convict (art. 162, item 3). However, in the judicial practice, there has been insufficient evidence not to file a case and there is insufficient evidence to arrest. How should we understand the conditions and standards of insufficient evidence in criminal proceedings? As follows: First, the meaning of the lack of evidence and proof of evidence to determine the lack of evidence