由于个案实体公正缺乏充分保障,个案程序功能无法全面实现,个案救济制度存在诸多不足,导致疑罪从无案件难以直接解决被害人损失补偿和被追诉人所受损害的国家赔偿问题,难以保障当事人行使参与权与知情权,难以实现疑罪从无处理程序的吸收不满功能,难以实现新证据出现后的个案救济公正。鉴于此,应健全国家主导与社会参与相结合的被害人损害补偿机制,以及比例赔偿与定额赔偿相结合的被追诉人国家赔偿制度;应完善程序参与及程序公开制度,全面实现疑罪从无处理程序的多重功能;应坚持利益平衡原则,细化证据不足无罪判决的再审启动标准,设立相对独立的疑罪从无案件处理后再审程序,在兼顾真实与安定的基础上不断完善证据不足无罪判决再审程序。 Due to the lack of full protection of individual cases, the procedural functions of cases can not be fully realized and there are many deficiencies in the case relief system, which makes it difficult to directly resolve the compensation of victims and the compensation suffered by the respondents since there are no cases. Therefore, it is difficult to guarantee the exercising of the parties Right of participation and right to know, it is difficult to realize the function of absorbing dissatisfaction from the non-handling procedure of suspect crime and it is difficult to realize the case remedy just after the emergence of new evidence. In view of this, we should perfect the compensation system of victims’ compensation combining the state-led and social participation, and the national compensation system of the accused who combines the proportional compensation with the fixed compensation. The system of procedural participation and open procedure should be improved so that the suspicion can be fully realized Procedures should be adhered to; the principle of balance of interests should be adhered to, the standard of retrial of the acquittal judgment should be refined, the relatively independent suspect should be set up, the retrial procedure should be established after no cases are dealt with, and the imperfection of evidence should be constantly perfected on the basis of both truthfulness and stability Crimes retrial procedure.