Study Of The Standard Of Proof Of The "Silence Violence"

As a kind of the violent crime which is related with the violent crime,the "silence violence" has already spread into each aspects of the society. The "silence violence" is so endangerous that has serious influence on the steady of society. With the development of the technology and the advancement of the spiritual culture, the "silence violence" has developed into many other kinds as well as has strongly hidden. But for irregular standard of proof in our country and imperfect regulations and rules which doesn't prove and regulate this kind of violent crime promptly, so the "silence violence" is still not be regulated in Criminal Law. The article begins from the concept of the "silence violence" and concludes solutions about the damage of society, the standard of proof and some other legal systems to give rise to attach importance to the "silence violence".The dissertation is five parts:Chapter 1 mainly introduces the concept characteristic and sort of the "silence violence" and the standard of proof. Some cases will be cited into illustrate the mass of the "silence violence" and the standard of proof of the "silence violence".Chapter 2 emphasis on the defeat of the standard of proof in our country. By contrast of the legal modes of sino-foreign standard of proof as well as integrate the background of the justice of our country. The author wants to propose the directions on the transformation of itChapter 3 analysis and elaborates the characteristic harmfulness and feature of the "silence violence" by cases. And also differentiate guilty or not, determine the culprits or accomplice and the subjects of the "silence violence" so as to propose to improve the standard of proof of the "silence violence".Chapter 4 analysis the malpractice of the standard of proof by the regulations of Criminal Procedure Law and arrives at the causes of the defeat of the standard of proof of the "silence violence". It means time-delayed and inestimable about the criminal results,invisible evidence and complicated perpetrator.Chapter 5 uses as reference on some theories on the sion-foreign standard of proof and proposes to establish the free judicial evaluation of evidence and systematic standard of proof in order to identify the "silence violence" in the procedure of justice and protect the steady of social while save the resources of the justice. Each viewpoint analysis the basis of philosophy, malpractice of the active system and points out earnings which is based on improving the possible perplexes. It is necessary to make certain the standard of proof of the "silence violence" in view of the sociology and economics. It is also feasible and necessary to formulate the perfect standard of proof. But this is just a try. The author hopes that it will affect the reformation of the Criminal Law and Criminal Procedure Law in the near future.