Discourse On The Proving Standard Of Criminal Litigation

Digest:: It is important to set up a proving standard for criminal litigation, which is recognized by most theorists, however, opinions about what kind of standard to be set up vary a lot. There are many different opinions, which seem totally distinct, while compatible. However, under the circumstance that theory of legal reality is becoming more and more emphasized, much attention should be specially paid to the purchase of objective reality. In Chinese society, all people including legal practitioners, parties to cases, and the public pay much attention to the substantive disposal of cases. For the public, the most important is how to reflect substantive justice: never let criminals at large and never treat people unjustly, which requires that criminal litigation must pursue reality in substance, must sufficiently consider Chinese social conditions and the thought and value tendency of "pay more attention to equality than to justice" by many people, and mustn't limit litigation proving standard only to the stage of trial process. We should combine all proposals, learn from those better points to offset those weak ones, and consider Chinese practice so as to set up a new criminal litigation system which has both a whole standard and needed details and to set up relevant rules and systems to standardize practitioners' grasping the proving standard.