The doubtful crime cognised in fact is a status which has formed judiciary accusation,but its guilty belief could not reach sue or conviction Standard,and criminal allegation could be proved neither true nor false.

In China,the present laws has achieved progress in non-prosecution on suspected crime,but there stll exists some problems such as general standard of suspected crime,relevant participants lack of chances of cross-examination,and the judicial authorities disregard of procedure.

The present procedure of non-prosecution on suspected crime should be further reformed,including the aggrieved party s participation,the establishment of non-prosecution hearing system and judicial system,the introduction of state compensation system and perfection of procuration and legal aid.

The system of non-prosecution on suspected crime reflects the implementation of the presumption of innocence in China,but it also results in the uncertainty about the facts and evidences of the cases.

In criminal justice there exists an important principle to do benefit to defendant, which is known as "in dubio pro reo".

Nowadays, the researches to in dubio pro reo in China are unsystematic and do not receive sufficient attention yet.

Under the 1996 amendment of the Criminal Procedure Act, principles of presumption of innocence and in dubio pro reo have been established.

In our percent academe, the study about "in dubio pro reo" which means no punishment in doubt case is disheveled.

The path of solving this conflict is that rule of law shall make an appropriate concession to common sense,the traditional idea of no punishment in doubtful cases should be loosened and the conditions of conviction should be reduced.