On The Standard Of Criminal Proof

The standard of criminal proof is a theoretic issue of the utmost concern,as well as a thorny problem bewildering China's agencies of judicial practice.As a result of its close relationship with social order, beneficial results and other values,it is necessary to analyze it by an interdisciplinary means.The author maintains that a standard of proof amalgamating subjective and objective elements is supposed to be established in light of the standard of proof for guilty sentences based on both the Continental Law System and the Anglo-American Law System,as well as China's judicial practice.Guilty sentences,public prosecution and arrest are significant acts performed according to criminal procedure,and the criteria of proof for them need to be reestablished in line with China's actual criminal procedure.This dissertation falls into eight chapters as follows:Chapterâ… ,A brief introduction to the standard of criminal proof.This chapter analyzes the relationships between criminal proof,procedural proof and ordinary proof,gives the definition of criminal proof,expounds the disparities between the criteria of proof for such similar definitions as criminal proof and ascertainment(fact finding),and probes into the connection between different categories of criminal proof and the criteria of proof for them.Chapterâ…¡,A study of the definition of China's standard of criminal proof.It explains the relation between the standard of criminal proof and dialectical materialism,evaluates the representative opinions on the standard of criminal proof in China's academic circles,and suggests the re-definition of the standard of criminal proof by means of combining subjective elements with objective elements.The degree of proof varies in gradation due to the differentiation in periods of procedure and objects of proof,as well as in the demand for the quality and quantity of evidence.Chapterâ…¢,A multi-dimensional analysis of the standard of criminal proof.This chapter analyzes,by an interdisciplinary means,such values as social order,justice,human rights protection and economic benefits, dissects the impact of China's traditional and contemporary culture of procedure on the standard of criminal proof,and elucidates the tendency for the consummation of China's standard of criminal proof.Chapterâ…£,A research into the gradation of the standard of criminal proof.The chapter evaluates the representative opinions on the gradation of the standard of criminal proof in China.According to the author,the gradation of the standard of criminal proof indicates that during such procedural periods as criminal investigation,public prosecution and adjudication,the degree of proof varies according to different subjects, periods and objects of proof.Then the author explains the theoretic basis of the gradation of the standard of criminal proof,namely,the differentiation in the subjects,objects and burdens of proof,along with the tasks in various procedural periods.Finally,the author puts forward his proposal on the consummation of China's gradation of the standard of criminal proof.Chapterâ…¤,A comparative study of the standard of proof for guilty sentences in the Continental Law System and the Anglo-American Law System.This chapter reviews in retrospect "beyond reasonable doubt," which is the standard of proof for guilty sentences in the Anglo-American Law System,and "inner conviction," which is the standard of proof for guilty sentences in the Continental Law System,and analyzes the similarities and dissimilarities of the aforesaid two standard of proof,as well as their tendency to merge into one.Chapterâ…¥,A study of China's standard of proof for guilty sentences. It dissects the characteristics of China's legislative standard of proof for guilty sentences,as well as the representative opinions from the academic circles,and advocates the reestablishment of China's standard of criminal proof by integrating subjective elements with objective elements,namely, the "uniqueness beyond reasonable doubt," and the "predominant proof of high conviction(by way of exception)." Chapterâ…¦,A study of China's standard of proof for public prosecution.Based on probing into the standard of proof for public prosecutions in the Continental Law System and the Anglo-American Law System,such as prospect of conviction,probable cause,sufficient evidenc and suspicion,The author the advantages and disadvantages of China's standard of proof for public prosecution,suggesting its being fixed as the "uniqueness based on reliable and sufficient evidence."Chapterâ…§,A study of China's standard of proof for arrest.This chapter explores the standard of proof for arrest in the Continental Law System and the Anglo-American Law System,evaluates the merits (objectivity and gradation) and demerits(ambiguity and disproportionateness) of China's standard of proof for arrest,and advocates its being fixed as "facts of crime being proved by sufficient evidence," and "emergency suspected crime."...