Research On Duty Crime Proof Standard

China's criminal standards of proof no matter from text law or from trial practice, almost all adopt "objective truth theory", namely "criminal facts clearly, evidence really full." And from the deportation investigate terminative prosecution, examine sue to the court for trial conviction three stages are one, it does not accord with marxism epistemology, also with the constitutional detection, prosecution and judgment to three relationship does not match; Meanwhile, no established independent duty crime standards of proof, with the ordinary criminal standards of proof is unified characteristics. And the duty crime itself and the investigation of characteristics determine that it has evidence difficult, convicted difficult features, such as high duty crime and the certificate standard and our country duty crime continuous predominantly situation appears highly coordinated, is not conducive to blow the duty crime, even from a certain angle is an indulgence. In addition, after the duty crime cases arrest right level on carry, arrest proof standard from investigation angle also become more strictly. Based on the particularity of duty crime, it is necessary to establish a set of independent duty crime standards of proof. Examine foreign standards of proof of theory and practice, "exclusion reasonable doubt" theory more in line with the knowledge of people and the purpose of the criminal procedure law, which has strong theoretical and practical significance; In addition, different from the judicial system, foreign although there is no established special duty crime standards of proof, but its to combat and prevent position crime set some special evidence rules for us to establish the duty crime, the certificate standard has a strong case for reference. Therefore, from the case development procedures to see, the proposal shall, in accordance with the procedures to implement level progression of standards of proof type, The reference of foreign general proof standard theory and some special evidence rules, and combining with China's anti-corruption grim situation overall request and the duty crime evidence characteristic, the duty crime proof standard and the general criminal case proof standard difference and reduced.