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疑罪案件是存在罪案事实,但犯罪嫌疑人的犯罪事实不清、证据不足,其案处于不能证实,也不能证伪状态,在法律上被推定为无罪人的案件。一般表现为撤销案件、不起诉、无罪判决、疑罪从挂等情况。疑罪案件赔与不赔,处于两难,可能还与责任追究挂钩,因此,在我国一直饱受争议。我国的国家赔偿法适用违法与结果的多元归责,实行利于犯罪嫌疑人的赔偿程序,“疑罪从挂”也可获得赔偿,我国正在形成提高侦办质量的倒逼机制。但疑罪案件不可避免,要减少它难,判无罪者则易。疑罪赔偿实现正义具有悖论,其机制是否适度,还需接受实践检验。
However, the criminal suspects’ facts of crime are not clear and the evidences are not sufficient. The case can not be confirmed or falsified, and it is legally presumed to be a case of innocence. The general performance of the withdrawal of cases, non-prosecution, acquittal, suspect hanging from the situation. Suspected cases of compensation and compensation, in a dilemma, may also be linked to accountability, therefore, has been the subject of controversy in our country. The compensation law of our country applies the multiple liability of illegal and the result, imposes the compensation procedure which is good for the criminal suspects, and “compensation for suspect crimes” can also be compensated. Our country is forming a mechanism to improve the quality of investigation. However, suspected cases of crime are inevitable, to reduce its difficulty, conviction is easy to convict. There is a paradox in realizing the justice of the crime of compensation for doubt, and whether the mechanism is moderate or not needs to be tested by practice.